Ohio § 1302.76 Seller's remedies on discovery of buyer's insolvency - UCC 2-702

Ohio Statutes

§ 1302.76 — Seller's remedies on discovery of buyer's insolvency - UCC 2-702

Ohio § 1302.76

Title 13Commercial Transactions

Ch. 1302Sales

This text of Ohio § 1302.76 (Seller's remedies on discovery of buyer's insolvency - UCC 2-702) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1302.76 (2026).

Text

(A)Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under section1302.79of the Revised Code.

(B)Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this division the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.

(C)The seller's right to reclaim under division (B) of this sect

Free access — add to your briefcase to read the full text and ask questions with AI

(A) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under section1302.79of the Revised Code.

(B) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this division the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.

(C) The seller's right to reclaim under division (B) of this section is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under section1302.44of the Revised Code. Successful reclamation of goods excludes all other remedies with respect to them.