Sec. 2.702. SELLER'S REMEDIES ON DISCOVERY OF BUYER'S INSOLVENCY. (a) 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 (Section 2.705).
(b) 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.
(c) The seller's right to reclaim under Subsection (b) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this chapter (Section 2.403). Successful reclamation of goods excludes all other remedies with respect to them.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Section 2.701. Remedies for Breach of Collateral Contracts Not Impaired
Section 2.702. Seller's Remedies on Discovery of Buyer's Insolvency
Section 2.703. Seller's Remedies in General
Section 2.705. Seller's Stoppage of Delivery in Transit or Otherwise
Section 2.706. Seller's Resale Including Contract for Resale
Section 2.707. "Person in the Position of a Seller"
Section 2.708. Seller's Damages for Non-Acceptance or Repudiation
Section 2.709. Action for the Price
Section 2.710. Seller's Incidental Damages
Section 2.711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
Section 2.712. "Cover"; Buyer's Procurement of Substitute Goods
Section 2.713. Buyer's Damages for Non-Delivery or Repudiation
Section 2.714. Buyer's Damages for Breach in Regard to Accepted Goods
Section 2.715. Buyer's Incidental and Consequential Damages
Section 2.716. Buyer's Right to Specific Performance or Replevin
Section 2.717. Deduction of Damages From the Price
Section 2.718. Liquidation or Limitation of Damages; Deposits
Section 2.719. Contractual Modification or Limitation of Remedy
Section 2.720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach
Section 2.721. Remedies for Fraud
Section 2.722. Who Can Sue Third Parties for Injury to Goods
Section 2.723. Proof of Market Price: Time and Place