Court Opinions

State Laws

US Code

US Constitution

Sale on approval and sale or return; rights of creditors - 13 Pa. Cons. Stat. § 2326

Legal Research Home > Pennsylvania Statutes

     § 2326.  Sale on approval and sale or return; rights of
                creditors.
        (a)  Definitions.--Unless otherwise agreed, if delivered
     goods may be returned by the buyer even though they conform to
     the contract, the transaction is:
            (1)  a "sale on approval" if the goods are delivered
        primarily for use; and
            (2)  a "sale or return" if the goods are delivered
        primarily for resale.
        (b)  Rights of creditors of buyer generally.--Goods held on
     approval are not subject to the claims of the creditors of the
     buyer until acceptance; goods held on sale or return are subject
     to such claims while in the possession of the buyer.
        (c)  Treatment of "or return" term.--Any "or return" term of
     a contract for sale is to be treated as a separate contract for
     sale within the statute of frauds section of this division
     (section 2201) and as contradicting the sale aspect of the
     contract within the provisions of this division on parol or
     extrinsic evidence (section 2202).
     (June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

        2001 Amendment.  Act 18 amended the section heading and
     subsec. (b), deleted subsec. (c) and relettered subsec. (d) to
     subsec. (c).
        Cross References.  Section 2326 is referred to in sections
     2103, 2A103 of this title.

Last modified: November 27, 2007