North Carolina General Statutes 25-2-702. Seller’s remedies on discovery of buyer’s insolvency
Terms Used In North Carolina General Statutes 25-2-702
- Buyer: means a person who buys or contracts to buy goods. See North Carolina General Statutes 25-2-103
- Contract: A legal written agreement that becomes binding when signed.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Seller: means a person who sells or contracts to sell goods. See North Carolina General Statutes 25-2-103
(1) 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 this article (N.C. Gen. Stat. § 25-2-705).
(2) 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 subsection 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.
(3) The seller’s right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this article (N.C. Gen. Stat. § 25-2-403). Successful reclamation of goods excludes all other remedies with respect to them. (1965, c. 700, s. 1; 1967, c. 562, s. 1.)