Wisconsin Statutes
Wis. Stat. § 402.403 (2026)
Power to transfer; good faith purchase of goods; “entrusting”
✓ current as of July 2026
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402.403(1)(1) A purchaser of goods acquires all title which the purchaser’s transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though:
402.403(1)(d)(d) The delivery was procured through fraud punishable as larcenous under the criminal law.
402.403(2)(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business.
402.403(3)(3) “Entrusting” includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor’s disposition of the goods have been such as to be larcenous under the criminal law.
402.403(4)(4) The rights of other purchasers of goods and of lien creditors are governed by chs. 407 and 409.
402.403 AnnotationA person with a voidable title in property, having the power to pass title to a good faith purchaser under this section, may transfer a security interest in that property. National Pawn Brokers Unlimited v. Osterman, Inc., 176 Wis. 2d 418, 500 N.W.2d 407 (Ct. App. 1993).
402.403 AnnotationDiscussing “voidable titles” under sub. (1) (a). Met-Al, Inc. v. Hansen Storage Co., 844 F. Supp. 485 (1994).
402.403 AnnotationBuyer in Ordinary Course of Business Under Article 9 of the Uniform Commercial Code (and Related Matters). Skilton. 1974 WLR 1.
Notes of Decisions
Cited in 4
cases, 1969–2012 · leading case: Mattek v. Malofsky, 165 N.W.2d 406 (Wis. 1969).
Mattek v. Malofsky, 165 N.W.2d 406 (Wis. 1969). “Two issues are presented on this appeal: (1) Whether the provisions of sec. 402.403, Stats., 1 are applicable to sales between merchants; and (2) whether an automobile dealer who buys a used car *19 from another automobile dealer, who has lawful possession of the car, without…”
House of Stainless, Inc. v. Marshall & Ilsley Bank, 249 N.W.2d 561 (Wis. 1977). “” 14 See: Sec. 402.403(1), Stats., relating to transfer of title to good faith purchaser, and providing: “A purchaser of goods acquires all title which his transferor had or had power to transfer.”
Arthur Glick Truck Sales, Inc. v. Stuphen East Corp., 914 F. Supp. 2d 529 (S.D.N.Y. 2012). “Law § 2-403 ; Wis. Stat. Ann. § 402.403 . And accordingly, a buyer in the ordinary course from Wolverine would have a superior interest both to Wolverine’s interest and to Plaintiff's.”
Met-Al, Inc. v. Hansen Storage Co., 844 F. Supp. 485 (E.D. Wis. 1994). “§ 402.403(1) (West 1964) (emphasis added).”
— Wis. Stat. § 402.403(1) — 2 cases
House of Stainless, Inc. v. Marshall & Ilsley Bank, 249 N.W.2d 561 (Wis. 1977). “” 14 See: Sec. 402.403(1), Stats., relating to transfer of title to good faith purchaser, and providing: “A purchaser of goods acquires all title which his transferor had or had power to transfer.”
Met-Al, Inc. v. Hansen Storage Co., 844 F. Supp. 485 (E.D. Wis. 1994). “§ 402.403(1) (West 1964) (emphasis added).”
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