O.C.G.A.

O.C.G.A. § 11-2-603 (2019)

Merchant buyer’s duties as to rightfully rejected goods

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(1) Subject to any security interest in the buyer (subsection (3) of Code Section 11-2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller’s account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.

(2) When the buyer sells goods under subsection (1) of this Code section, he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding 10 percent on the gross proceeds.

(3) In complying with this Code section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.

History

Code 1933, § 109A-2-603, enacted by Ga. L. 1962, p. 156, § 1.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 67 Am. Jur. 2d, Sales, §§ 656-658. Am. Jur. Pleading and Practice Forms. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:506. U.L.A. Uniform Commercial Code (U.L.A.) § 2603.

ALR. Liability of purchaser under conditional-sale contract, or one claiming under him, as for conversion, 73 A.L.R. 799.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Atwood v. Se. Bedding Co., Inc., 485 S.E.2d 217 (Ga. Ct. App. 1997).

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Atwood v. Se. Bedding Co., Inc., 485 S.E.2d 217 (Ga. Ct. App. 1997). · cites it 8× “OCGA § 11-2-603 does not apply as it pertains only to rejected goods.”

— 11-2-603(1) — 1 case

Atwood v. Se. Bedding Co., Inc., 485 S.E.2d 217 (Ga. Ct. App. 1997). “OCGA § 11-2-603 does not apply as it pertains only to rejected goods.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.