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HomeCommercial CodeDiv. 2Ch. 7§ 2716 Buyer'S Remedies For Goods

§ 2716 Buyer'S Remedies For Goods

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

§ 2716 Buyer'S Remedies For Goods

Key Takeaways

  • •If something you bought is one-of-a-kind or special, the court can make the seller give it to you like they promised.
  • •The court can also decide how you pay, if you get money for any problems, or other fair fixes.
  • •If you can't find the same item anywhere else, you can ask the court to make the seller give it to you, even if they changed their mind.
  • •For things you buy for your home or family, you can ask for your item right after you buy it, even if the seller hasn’t broken the deal yet.

Example

You buy a rare, signed baseball from a seller, but they refuse to give it to you after you paid.

The court can order the seller to give you the baseball because it’s unique and hard to find another one like it. They might also make the seller pay for any trouble caused.

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

Official Source
View on CA.gov

§ 2716 Buyer'S Remedies For Goods

(1) Specific performance may be decreed where the goods are unique or in other proper circumstances. (2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just. (3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he or she is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. (Amended by Stats. 1999, Ch. 991, Sec. 28.4. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)

Last verified: January 23, 2026

Key Terms

specific performanceunique goodsright of replevinsecurity interest

Related Statutes

  • § 2711 Buyer Remedies For Nondelivery
  • § 2707 Seller Rights And Remedies
  • § 2722 Third Party Goods Injury
  • § 9703 Continuing Perfection Transition
  • § 9704 Transitional Security Interests

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 2716.
View Official Source