Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-326 (2026)

Sale on approval and sale or return; rights of creditors

✓ current as of May 2026
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(1).  Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is  
(a). A "sale on approval," if the goods are delivered primarily for use; and  
(b). A "sale or return," if the goods are delivered primarily for resale.  
(2).  Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.  
[PL 1999, c. 699, Pt. B, §8 (RP); PL 1999, c. 699, Pt. B, §28 (AFF).]
(3). 
[PL 1999, c. 699, Pt. B, §8 (RP); PL 1999, c. 699, Pt. B, §28 (AFF).]
(4).  Any "or return" term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this Article (section 2‑201) and as contradicting the sale aspect of the contract within the provisions of this Article on parol or extrinsic evidence (section 2‑202).  
SECTION HISTORY
PL 1999, c. 699, §B8 (AMD). PL 1999, c. 699, §B28 (AFF).
Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Wallingford's Inc. v. Waning (In Re Waning), 120 B.R. 607 (Bankr. D. Me. 1990).
Wallingford's Inc. v. Waning (In Re Waning), 120 B.R. 607 (Bankr. D. Me. 1990). “Because this action relates only to the relation of the immediate parties (as opposed to a battle of priorities involving third parties) "perfection" issues are not present.”
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.