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HomeCommercial CodeDiv. 2Ch. 7§ 2711 Buyer Remedies For Nondelivery

§ 2711 Buyer Remedies For Nondelivery

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

§ 2711 Buyer Remedies For Nondelivery

Key Takeaways

  • •If a seller doesn't deliver what you bought or refuses to sell, you can cancel the order and get your money back.
  • •You can also buy the same item from someone else and make the first seller pay the difference if it costs more.
  • •If the seller already picked out your item but won’t give it to you, you can try to get that exact item from them.
  • •If you already paid for something but it’s broken or wrong, you can keep it until you get your money back or sell it to get your money back.

Example

You order a new bike online, but the seller never sends it and ignores your messages.

You can cancel the order and get your money back. If you have to buy the same bike from another store for more money, the first seller has to pay the extra cost.

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

Official Source
View on CA.gov

§ 2711 Buyer Remedies For Nondelivery

(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (Section 2612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid (a) “Cover” and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) Recover damages for nondelivery as provided in this division (Section 2713). (2) Where the seller fails to deliver or repudiates the buyer may also (a) If the goods have been identified recover them as provided in the division (Section 2502); or (b) In a proper case obtain specific performance or replevy the goods as provided in this division (Section 2716). (3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (Section 2706). (Enacted by Stats. 1963, Ch. 819.)

Last verified: January 23, 2026

Key Terms

rightfully rejectsjustifiably revokes acceptancesecurity interestcoverspecific performance

Related Statutes

  • § 2716 Buyer'S Remedies For Goods
  • § 2707 Seller Rights And Remedies
  • § 2712 Buyer Cover After Breach
  • § 2722 Third Party Goods Injury
  • § 9703 Continuing Perfection Transition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2711.
View Official Source