Tennessee § 47-2-505 - Seller's shipment under reservation.

§ 47-2-505. Seller's shipment under reservation.

Where the seller has identified goods to the contract by or before shipment: his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named. a non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (§ 47-2-507(2)) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading. When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title. Acts 1963, ch. 81, § 1 (2-505); Acts 2008, ch. 814, §§ 9, 10. Amendments. The 2008 amendment inserted “or control” near the end of (1)(b); and substituted “negotiable document of title” for “negotiable document” at the end of (2). Effective Dates. Acts 2008, ch. 814, § 40. July 1, 2008. Prior Tennessee Law: § 47-1220. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Commercial Law, § 23. Cited: In re Tom Woods Used Cars, Inc., 21 B.R. 560, 1982 Bankr. LEXIS 3811 (Bankr. E.D. Tenn. 1982).