The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-709)
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§ 2—709. Action for the price
(1) When the buyer fails to pay the price as it becomes due the seller may recover, together
with any incidental damages under the next section, the price:
(a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable
time after risk of their loss has passed to the buyer; and
(b) of goods identified to the contract if the seller is unable after reasonable effort
to resell them at a reasonable price or the circumstances reasonably indicate that
such effort will be unavailing.
(2) Where the seller sues for the price he or she must hold for the buyer any goods which
have been identified to the contract and are still in his or her control except that
if resale becomes possible he or she may resell them at any time prior to the collection
of the judgment. The net proceeds of any such resale must be credited to the buyer
and payment of the judgment entitles him or her to any goods not resold.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 2—610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.