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HomeCommercial CodeDiv. 2Ch. 6§ 2603 Buyer Duty After Rejection

§ 2603 Buyer Duty After Rejection

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2603 Buyer Duty After Rejection

Key Takeaways

  • •If a buyer rejects goods and the seller isn't nearby, the buyer must follow the seller's reasonable instructions for the goods.
  • •If there are no instructions and the goods can spoil or lose value quickly, the buyer should try to sell them for the seller.
  • •The buyer can get paid back for reasonable costs of taking care of and selling the goods, plus a small fee (up to 10%) if no commission is usual.
  • •The buyer won’t get in trouble for acting in good faith, even if the sale doesn’t go perfectly.

Example

A grocery store buys a truckload of strawberries, but they arrive moldy. The store rejects them, and the seller isn’t local.

The store must follow the seller’s instructions (like returning them). If the seller doesn’t respond and the strawberries will rot soon, the store should try to sell them for the seller. The store can then ask the seller to cover the cost of storing and selling the strawberries, plus a small fee.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2603 Buyer Duty After Rejection

(1) Subject to any security interest in the buyer (subdivision (3) of Section 2711), 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 subdivision (1), 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 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. (Enacted by Stats. 1963, Ch. 819.)

Last verified: January 23, 2026

Key Terms

merchant buyerreasonable instructionsperishable or threaten to decline in value speedilyreimbursementselling commissiongood faith

Related Statutes

  • § 2604 Buyer’S Rights After Rejection
  • § 9617 Collateral Disposition After Default
  • § 10600 Lease Contract Effective Dates
  • § 2601 Buyer Remedies For Nonconforming Goods
  • § 2602 Buyer Rejection Of Goods

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2603.
View Official Source