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HomeCommercial CodeDiv. 9Ch. 4§ 9402 Secured Party Liability Limits

§ 9402 Secured Party Liability Limits

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

§ 9402 Secured Party Liability Limits

Key Takeaways

  • •If someone owes you money and you have a right to take something they own if they don’t pay, you’re not automatically responsible for their mistakes or bad actions.
  • •Just because you have a security interest (like a lien on a car or house) doesn’t mean you’re on the hook if the person who owes you money does something wrong.
  • •This law protects lenders or secured parties from being blamed for the borrower’s actions just because they have a claim on their property.

Example

You lend money to your friend to buy a car, and you get a lien on the car as security. Your friend then gets into a car crash while driving recklessly.

You won’t be held responsible for the crash or any damages just because you have a lien on the car. The law says your security interest doesn’t make you liable for your friend’s bad driving.

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

Official Source
View on CA.gov

§ 9402 Secured Party Liability Limits

The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions. (Repealed and added by Stats. 1999, Ch. 991, Sec. 35. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991 and Section 9701.)

Last verified: January 23, 2026

Key Terms

security interestagricultural liensecured partyliability in contract or tort

Related Statutes

  • § 9601 Secured Party Post-Default Rights
  • § 2401 Goods Title Transfer Rules
  • § 9401 Debtor Collateral Transfer Rules
  • § 9408 Assignment Restrictions Invalidation
  • § 9409 Beneficiary Rights In Letters Of Credit

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9402.
View Official Source