District of Columbia Code
Part III - General Obligation and Construction of Contract
§ 28:2–304. Price payable in money, goods, realty, or otherwise

(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.
(2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller’s obligations with reference to them are subject to this article, but not the transfer of the interest in realty or the transferor’s obligations in connection therewith.
(Dec. 30, 1963, 77 Stat. 645, Pub. L. 88-243, § 1.)
1981 Ed., § 28:2-304.
1973 Ed., § 28:2-304.
Prior Uniform Statutory Provision: Subsections (2) and (3) of Section 9, Uniform Sales Act.
Changes: Rewritten.
Purposes of Changes: 1. This section corrects the phrasing of the Uniform Sales Act so as to avoid misconstruction and produce greater accuracy in commercial result. While it continues the essential intent and purpose of the Uniform Sales Act it rejects any purely verbalistic construction in disregard of the underlying reason of the provisions.
2. Under subsection (1) the provisions of this Article are applicable to transactions where the “price” of goods is payable in something other than money. This does not mean, however, that this whole Article applies automatically and in its entirety simply because an agreed transfer of title to goods is not a gift. The basic purposes and reasons of the Article must always be considered in determining the applicability of any of its provisions.
3. Subsection (2) lays down the general principle that when goods are to be exchanged for realty, the provisions of this Article apply only to those aspects of the transaction which concern the transfer of title to goods but do not affect the transfer of the realty since the detailed regulation of various particular contracts which fall outside the scope of this Article is left to the courts and other legislation. However, the complexities of these situations may be such that each must be analyzed in the light of the underlying reasons in order to determine the applicable principles. Local statutes dealing with realty are not to be lightly disregarded or altered by language of this Article. In contrast, this Article declares definite policies in regard to certain matters legitimately within its scope though concerned with real property situations, and in those instances the provisions of this Article control.
Cross References: Point 1: Section 1-102.
Point 3: Sections 1-102, 1-103, 1-104 and 2-107.
Definitional Cross References: “Goods”. Section 2-105.
“Money”. Section 1-201.
“Party”. Section 1-201.
“Seller”. Section 2-103.

Structure District of Columbia Code

District of Columbia Code

Title 28 - Commercial Instruments and Transactions. [Enacted title]

Subtitle I - Uniform Commercial Code

Article 2 - Sales

Part III - General Obligation and Construction of Contract

§ 28:2–301. General obligations of parties

§ 28:2–302. Unconscionable contract or clause

§ 28:2–303. Allocation or division of risks

§ 28:2–304. Price payable in money, goods, realty, or otherwise

§ 28:2–305. Open price term

§ 28:2–306. Output, requirements and exclusive dealings

§ 28:2–307. Delivery in single lot or several lots

§ 28:2–308. Absence of specified place for delivery

§ 28:2–309. Absence of specific time provisions; notice of termination

§ 28:2–310. Open time for payment or running of credit; authority to ship under reservation

§ 28:2–311. Options and cooperation respecting performance

§ 28:2–312. Warranty of title and against infringement; buyer’s obligation against infringement

§ 28:2–313. Express warranties by affirmation, promise, description, sample

§ 28:2–314. Implied warranty: merchantability; usage of trade

§ 28:2–315. Implied warranty: fitness for particular purpose

§ 28:2–316. Exclusion or modification of warranties

§ 28:2–317. Cumulation and conflict of warranties express or implied

§ 28:2–318. Third party beneficiaries of warranties express or implied

§ 28:2–319. F.O.B. and F.A.S. terms

§ 28:2–320. C.I.F. and C. & F. terms

§ 28:2–321. C.I.F. or C. & F.: “net landed weights”; “payment on arrival”; warranty of condition on arrival

§ 28:2–322. Delivery “ex-ship”

§ 28:2–323. Form of bill of lading required in overseas shipment; “overseas”

§ 28:2–324. “No arrival, no sale” term

§ 28:2–325. “Letter of credit” term; “confirmed credit”

§ 28:2–326. Sale on approval and sale or return; rights of creditors

§ 28:2–327. Special incidents of sale on approval and sale or return

§ 28:2–328. Sale by auction

§ 28:2–316.01. Limitation of exclusion or modification of warranties consumers