South Dakota Codified Laws 57A-2-702. Seller’s remedies on discovery of buyer’s insolvency
(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 chapter (§ 57A-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 section 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.
Terms Used In South Dakota Codified Laws 57A-2-702
- Buyer: means a person who buys or contracts to buy goods. See South Dakota Codified Laws 57A-2-103
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Seller: means a person who sells or contracts to sell goods. See South Dakota Codified Laws 57A-2-103
(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 or lien creditor under this chapter (§ 57A-2-403). Successful reclamation of goods excludes all other remedies with respect to them.
Source: SL 1966, ch 150, § 2-702; SDCL, §§ 57-8-2 to 57-8-4.