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Contract and Commercial Law Act 2017

Sale of goods - Remedies for breach of contract - Remedies of seller

191: Claim for price

You could also call this:

“Seller can ask for payment when goods are sold”

When you sell goods to someone, you have the right to ask them to pay for those goods. This right applies in two main situations:

First, if the buyer now owns the goods (which means the property has passed to them), but they refuse to pay or don’t pay when they should, you can ask them for the money.

Second, if you and the buyer agreed on a specific day for payment, and that day comes but the buyer doesn’t pay, you can ask them for the money. This is true even if you haven’t given them the goods yet.

In both cases, you have the right to claim the price from the buyer. This means you can take steps to get the money they owe you for the goods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844409.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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190: Express power of sale, or

"Seller can resell if buyer backs out of purchase"

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192: Damages for non-acceptance, or

"Payment for losses when a buyer doesn't accept what you're selling"

Part 3 Sale of goods
Remedies for breach of contract: Remedies of seller

191Claim for price

  1. A seller has, against the buyer, a right to claim the price of the goods if,—

  2. under the contract of sale, the property in the goods has passed to the buyer; and
    1. the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract.

      1. If, under the contract of sale, the price is payable on a certain day irrespective of delivery, and the buyer wrongfully neglects or refuses to pay the price, the seller has, against the buyer, a right to claim for the price.

      2. Subsection (2) applies even if the property in the goods has not passed and the goods have not been appropriated to the contract.

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