New Jersey § 12a:2-402

Full text of New Jersey New Jersey Statutes § 12a:2-402, with citation guidance and answers to common questions.

§ 12a:2-402.

(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of

the seller with respect to goods which have been identified to a contract for sale

are subject to the buyer's rights to recover the goods under this Chapter (12A:2-502

and 2-716). (2) A creditor of the seller may treat a sale or an identification of goods to a contract

for sale as void if as against him a retention of possession by the seller is fraudulent

under any rule of law of the state where the goods are situated, except that retention

of possession in good faith and current course of trade by a merchant-seller for a

commercially reasonable time after a sale or identification is not fraudulent. (3) Nothing in this Chapter shall be deemed to impair the rights of creditors of the

seller (a) under the provisions of the Chapter on Secured Transactions (Chapter 9); or (b) where identification to the contract or delivery is made not in current course

of trade but in satisfaction of or as security for a pre-existing claim for money,

security or the like and is made under circumstances which under any rule of law of

the state where the goods are situated would apart from this Chapter constitute the

transaction a fraudulent transfer or voidable preference.

Frequently Asked Questions About New Jersey § 12a:2-402

What does New Jersey Statutes § 12a:2-402 cover?

Section 12a:2-402 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 12a:2-402?

A common citation format is "New Jersey Statutes § 12a:2-402" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 12a:2-402 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.