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HomeCommercial CodeDiv. 9Ch. 3§ 9320 Buyer Protection From Security Interests

§ 9320 Buyer Protection From Security Interests

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

§ 9320 Buyer Protection From Security Interests

Key Takeaways

  • •If you buy something from a store or business, you usually get it free and clear, even if the seller owed money on it.
  • •If you buy used stuff (like a TV or couch) from someone for your home, you own it free and clear if you didn’t know it was being used as collateral for a loan, you paid a fair price, and the seller hadn’t officially registered the loan on the item yet.
  • •If you buy oil, gas, or minerals right from the source (like at a well or mine), you get it free and clear, even if someone had a claim on it before.
  • •This rule doesn’t apply if the lender already has the item in their possession.

Example

You buy a used fridge from your neighbor for your kitchen.

If your neighbor still owed money on the fridge but didn’t tell you, and you paid a fair price without knowing about the loan, you get to keep the fridge. The bank can’t take it from you unless your neighbor had already filed paperwork saying the fridge was collateral for their loan.

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

Official Source
View on CA.gov

§ 9320 Buyer Protection From Security Interests

(a) Except as otherwise provided in subdivision (e), a buyer in ordinary course of business takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence. (b) Except as otherwise provided in subdivision (e), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if all of the following conditions are satisfied: (1) The buyer buys without knowledge of the security interest. (2) The buyer buys for value. (3) The buyer buys primarily for the buyer’s personal, family, or household purposes. (4) The buyer buys before the filing of a financing statement covering the goods. (c) To the extent that it affects the priority of a security interest over a buyer of goods under subdivision (b), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by subdivisions (a) and (b) of Section 9316. (d) A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance. (e) Subdivisions (a) and (b) do not affect a security interest in goods in the possession of the secured party under Section 9313. (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

buyer in ordinary course of businesssecurity interestperfectedpersonal, family, or household purposesfinancing statement

Related Statutes

  • § 9317 Priority Of Security Interests
  • § 17302 Continued Perfection Transition
  • § 17304 Transitional Security Interest Perfection
  • § 9308 Security Interest Perfection
  • § 9311 Security Interest Exemptions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9320.
View Official Source