Ohio § 1302.42
Full text of Ohio Ohio Revised Code § 1302.42, with citation guidance and answers to common questions.
§ 1302.42.
Each provision of sections 1302.01 to 1302.98 of the Revised Code with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers,
or other third parties applies irrespective of title to the goods except where the
provision refers to that title. Insofar as situations are not covered by the other provisions of sections 1302.01 to 1302.98 of the Revised Code and matters concerning title become material, the following rules apply: (A) Title to goods cannot pass under a contract for sale prior to their identification
to the contract pursuant to section 1302.45 of the Revised Code , and unless otherwise explicitly agreed the buyer acquires by their identification
a special property as limited by Chapters 1301., 1302., 1303., 1304., 1305., 1307.,
1308., 1309., and 1310. of the Revised Code. Any retention or reservation by the seller of the title (property) in goods shipped
or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of Chapter 1309. of the Revised
Code, title to goods passes from the seller to the buyer in any manner and on any
conditions explicitly agreed on by the parties. (B) Unless otherwise explicitly agreed, title passes to the buyer at the time and place
at which the seller completes performance with reference to the physical delivery
of the goods, despite any reservation of a security interest and even though a document
of title is to be delivered at a different time or place; and in particular and despite
any reservation of a security interest by the bill of lading: (1) If the contract requires or authorized the seller to send the goods to the buyer
but does not require the seller to deliver them at destination, title passes to the
buyer at the time and place of shipment; but (2) If the contract requires delivery at destination, title passes on tender there. (C) Unless otherwise explicitly agreed where delivery is to be made without moving the
goods: (1) If the seller is to deliver a tangible document of title, title passes at the time
when and the place where the seller delivers the documents and if the seller is to
deliver an electronic document of title, title passes when the seller delivers the
document; or (2) If the goods are at the time of contracting already identified and no documents of
title are to be delivered, title passes at the time and place of contracting. (D) A rejection or other refusal by the buyer to receive or retain the goods, whether
or not justified, or a justified revocation of acceptance revests title to the goods
in the seller. The revesting occurs by operation of law and is not a “sale.”
Frequently Asked Questions About Ohio § 1302.42
What does Ohio Revised Code § 1302.42 cover?
Section 1302.42 is part of the Ohio Revised Code, the codified statutory law of Ohio. 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 Ohio § 1302.42?
A common citation format is "Ohio Revised Code § 1302.42" (Ohio). 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 Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1302.42 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio 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 Ohio.