Contract and Commercial Law Act 2017

Sale of goods - Rights of unpaid seller against goods - Resale by buyer or seller

185: Effect of subsale or pledge by buyer

You could also call this:

“Seller's rights when a buyer sells or uses unpaid goods”

If you’re a buyer who hasn’t paid for goods yet, the seller still has certain rights. These rights include keeping the goods, holding onto them, or stopping them while they’re being transported. Even if you sell the goods to someone else or do something else with them, the seller still has these rights. This is true unless the seller agreed to what you did with the goods. However, there are other parts of the law that might change how this works, so it’s important to look at the whole set of rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844399.


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184: Redelivery of goods, or

"Returning goods back to the seller during delivery"


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186: Transfer of document of title to person in good faith and for valuable consideration, or

"How goods ownership papers affect buyer and seller rights"

Part 3 Sale of goods
Rights of unpaid seller against goods: Resale by buyer or seller

185Effect of subsale or pledge by buyer

  1. An unpaid seller’s right of lien, retention, or stopping goods in transit is not affected by any sale or other disposition of the goods that the buyer may have made (unless the seller has assented to the sale or disposition).

  2. This section is subject to the rest of this Part.

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