Colorado Code
Part 7 - Remedies
§ 4-2-702. Seller's Remedies on Discovery of Buyer's Insolvency




Source: L. 65: p. 1334, § 1. C.R.S. 1963: § 155-2-702. L. 77: (3) amended, p. 313, § 7, effective January 1, 1978.
Prior Uniform Statutory Provision: Subsection (1) -- Sections 53(1)(b), 54(1)(c) and 57, Uniform Sales Act; Subsection (2) -- none; Subsection (3) -- Section 76(3), Uniform Sales Act.
Changes: Rewritten, the protection given to a seller who has sold on credit and has delivered goods to the buyer immediately preceding his insolvency being extended.
Purposes of Changes and New Matter: To make it clear that:



An exception to this time limitation is made when a written misrepresentation of solvency has been made to the particular seller within three months prior to the delivery. To fall within the exception the statement of solvency must be in writing, addressed to the particular seller and dated within three months of the delivery.
Cross References:
Point 1: Sections 4-2-401 and 4-2-705.
Compare Section 4-2-502.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Buyer in ordinary course of business". Section 4-1-201.
"Contract". Section 4-1-201.
"Good faith". Section 4-1-201.
"Goods". Section 4-2-105.
"Insolvent". Section 4-1-201.
"Person". Section 4-1-201.
"Purchaser". Section 4-1-201.
"Receipt" of goods. Section 4-2-103.
"Remedy". Section 4-1-201.
"Rights". Section 4-1-201.
"Seller". Section 4-2-103.
"Writing". Section 4-1-201.

Structure Colorado Code

Colorado Code

Title 4 - Uniform Commercial Code

Article 2 - Sales

Part 7 - Remedies

§ 4-2-701. Remedies for Breach of Collateral Contracts Not Impaired

§ 4-2-702. Seller's Remedies on Discovery of Buyer's Insolvency

§ 4-2-703. Seller's Remedies in General

§ 4-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

§ 4-2-705. Seller's Stoppage of Delivery in Transit or Otherwise

§ 4-2-706. Seller's Resale Including Contract for Resale

§ 4-2-707. "Person in the Position of a Seller"

§ 4-2-708. Seller's Damages for Nonacceptance or Repudiation

§ 4-2-709. Action for the Price

§ 4-2-710. Seller's Incidental Damages

§ 4-2-711. Buyer's Remedies in General - Buyer's Security Interest in Rejected Goods

§ 4-2-712. "Cover" - Buyer's Procurement of Substitute Goods

§ 4-2-713. Buyer's Damages for Nondelivery or Repudiation

§ 4-2-714. Buyer's Damages for Breach in Regard to Accepted Goods

§ 4-2-715. Buyer's Incidental and Consequential Damages

§ 4-2-716. Buyer's Right to Specific Performance or Replevin

§ 4-2-717. Deduction of Damages From the Price

§ 4-2-718. Liquidation or Limitation of Damages - Deposits

§ 4-2-719. Contractual Modification or Limitation of Remedy

§ 4-2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach

§ 4-2-721. Remedies for Fraud

§ 4-2-722. Who Can Sue Third Parties for Injury to Goods

§ 4-2-723. Proof of Market Price - Time and Place

§ 4-2-724. Admissibility of Market Quotations

§ 4-2-725. Statute of Limitations in Contracts for Sale