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Session Laws, 1975
Volume 716, Page 124   View pdf image
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124                                        LAWS OF MARYLAND                         [Ch. 49

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 security
interest by the bill of lading

(a)    If the contract requires or authorizes
the seller to send the goods to the buyer but does not
require him to deliver then at destination, title passes
to the buyer at the time and place of shipment; but

(b)   If the contract requires delivery at
destination, title passes on tender there.

(3)     Unless otherwise explicitly agreed where
delivery is to be made without moving the goods,

(a)   If the seller is to deliver a document of
title, title passes at the time when and the place where
he delivers such documents; or

(b)     If the goods are at the time of
contracting already identified and no documents are to be
delivered, title passes at the time and place of
contracting.

(4)    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. Such revesting occurs by operation
of law and is not a "sale."

2—102. Sights of seller's creditors against sold goods.

(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 [subtitle] TITLE (§§ 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 his 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 [subtitle] TITLE shall be
deemed to impair the rights of creditors of the seller

(a) Under the provisions of the [subtitle]
TITLE on secured transactions ([subtitle 3] TITLE 9); or

 

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Session Laws, 1975
Volume 716, Page 124   View pdf image
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