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HomeCommercial CodeDiv. 2Ch. 6§ 2605 Buyer'S Defect Disclosure Duty

§ 2605 Buyer'S Defect Disclosure Duty

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

§ 2605 Buyer'S Defect Disclosure Duty

Key Takeaways

  • •If you buy something and reject it, you must tell the seller exactly what’s wrong with it—otherwise, you can’t complain about those problems later.
  • •If the seller could have fixed the problem if you told them on time, you lose the right to reject it for that reason.
  • •If both buyer and seller are businesses, the seller can ask in writing for a full list of problems, and the buyer must give it.
  • •If you pay for something without saying you’re keeping your right to complain, you can’t get your money back for problems you could have seen in the papers.

Example

You buy a used car and notice the radio doesn’t work, but you don’t tell the dealer. Later, you try to return the car because the radio is broken.

The dealer could say, ‘You didn’t tell me about the radio when you rejected the car, so you can’t use that as a reason now.’ If the dealer could have fixed the radio easily, you lose the right to complain about it later.

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

Official Source
View on CA.gov

§ 2605 Buyer'S Defect Disclosure Duty

(1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach (a) Where the seller could have cured it if stated seasonably; or (b) Between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely. (2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents. (Amended by Stats. 2006, Ch. 254, Sec. 42. Effective January 1, 2007.)

Last verified: January 23, 2026

Key Terms

buyer’s failure to statedefect ascertainable by reasonable inspectionseller could have cured it if stated seasonablyrequest in writing for a full and final written statement of all defectspayment against documents made without reservation of rights

Related Statutes

  • § 10600 Lease Contract Effective Dates
  • § 2601 Buyer Remedies For Nonconforming Goods
  • § 2602 Buyer Rejection Of Goods
  • § 2603 Buyer Duty After Rejection
  • § 2604 Buyer’S Rights After Rejection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2605.
View Official Source