(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then, with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 4-2-612), the buyer may cancel, and, whether or not he has done so, may in addition to recovering so much of the price as has been paid:
(a) "Cover" and have damages under section 4-2-712 as to all the goods affected whether or not they have been identified to the contract; or
(b) Recover damages for nondelivery as provided in this article (section 4-2-713).
(2) Where the seller fails to deliver or repudiates, the buyer may also:
(a) If the goods have been identified, recover them as provided in this article (section 4- 2-502); or
(b) In a proper case, obtain specific performance or replevy the goods as provided in this article (section 4-2-716).
(3) On rightful rejection or justifiable revocation of acceptance, a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 4-2-706).
Source: L. 65: p. 1339, § 1. C.R.S. 1963: § 155-2-711.
Notes of Decisions
W. Conf. Resorts, Inc. v. Pease, 668 P.2d 973 (Colo. Ct. App. 1983).
· cites it 3× “None of this evidence shows acts inconsistent with seller’s ownership and, because a buyer has a security interest in goods on rightful rejection for payments and expenses, buyer’s failure to tender the aircraft does not indicate acceptance.”
Keen v. Modern Trailer Sales, Inc., 578 P.2d 668 (Colo. Ct. App. 1978).
· cites it 2× “2d 980 (1971), construing § 4-2-711(3), C.R.S.1973, and such an interest authorizes continued possession to preserve the collateral, § 4-9-207(1) and (4), C.”
Int'l Technical Instruments, Inc. v. Eng'g Measurements Co., 678 P.2d 558 (Colo. Ct. App. 1983).
· cites it 2× “1973, buyer must look to § 4-2-711, C.R.S.1973, for his remedy. On the other hand, “[w]here the buyer has accepted goods and given notification (subsection (3) of section 4-2-607), he may recover as damages for any nonconformity of tender the loss resulting in the ordinary…”
Surplus Elec. Corp. v. Gallin, 653 P.2d 752 (Colo. Ct. App. 1982).
· cites it 2× “§ 4-2-711, C.R.S.1973. The judgment in favor of seller for the net invoice amount of $6,170 and the disal-lowance of attorney’s fees to seller is affirmed.”
Danburg v. Realties, Inc., 677 P.2d 439 (Colo. Ct. App. 1984).
· cites it 2× “Furthermore, we hold that the trial court’s judgment for plaintiff was in full compliance with applicable law, including, in particular, § 4-2-711(1), C.R.S.1973, which provides, in part: “Where the seller fails to make delivery .”
Jackson v. Rocky Mountain Datsun, Inc., 693 P.2d 391 (Colo. Ct. App. 1984).
· cites it 2× “Indeed, under § 4-2-711(3), C.R.S., on revocation of acceptance, a buyer retains a security interest in goods in his possession for any payment made on their price and may resell the goods in the same manner as an aggrieved seller.”
Intern. Tech. Instruments v. Eng. Measure., 678 P.2d 558 (Colo. Ct. App. 1983).
· cites it 2× “1973, buyer must look to § 4-2-711, C.R.S.1973, for his remedy. On the other hand, "[w]here the buyer has accepted goods and given notification (subsection (3) of section 4-2-607), he may recover as damages for any nonconformity of tender the loss resulting in the ordinary…”
Bachman v. Tesla, No. 25CA0760 (Colo. Ct. App. Jan. 29, 2026).
· cites it 2× “See § 4-2-608(3); § 4-2-711(1), C.R.S. 2025; see also Heaton v.”
Colo. Rev. Stat. § 4-2-711(1): 2 cases
Danburg v. Realties, Inc., 677 P.2d 439 (Colo. Ct. App. 1984).
“Furthermore, we hold that the trial court’s judgment for plaintiff was in full compliance with applicable law, including, in particular, § 4-2-711(1), C.R.S.1973, which provides, in part: “Where the seller fails to make delivery .”
Bachman v. Tesla, No. 25CA0760 (Colo. Ct. App. Jan. 29, 2026).
“See § 4-2-608(3); § 4-2-711(1), C.R.S. 2025; see also Heaton v.”
Colo. Rev. Stat. § 4-2-711(3): 3 cases
W. Conf. Resorts, Inc. v. Pease, 668 P.2d 973 (Colo. Ct. App. 1983).
“None of this evidence shows acts inconsistent with seller’s ownership and, because a buyer has a security interest in goods on rightful rejection for payments and expenses, buyer’s failure to tender the aircraft does not indicate acceptance.”
Keen v. Modern Trailer Sales, Inc., 578 P.2d 668 (Colo. Ct. App. 1978).
“2d 980 (1971), construing § 4-2-711(3), C.R.S.1973, and such an interest authorizes continued possession to preserve the collateral, § 4-9-207(1) and (4), C.”
Jackson v. Rocky Mountain Datsun, Inc., 693 P.2d 391 (Colo. Ct. App. 1984).
“Indeed, under § 4-2-711(3), C.R.S., on revocation of acceptance, a buyer retains a security interest in goods in his possession for any payment made on their price and may resell the goods in the same manner as an aggrieved seller.”
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