§ 2–326
Statutes in effect as of October 1, 2026.
Md. Code Ann., Com. Law § 2-326 (2026)
Title 2. Sales
Subtitle 3. General Obligation and Construction of Contract
§ 2–326LinkCopy Citation
(1)
Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is
(a)
A “sale on approval” if the goods are delivered primarily for use, and
(b)
A “sale or return” if the goods are delivered primarily for resale.
(2)
Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer’s possession.
(3)
Any “or return” term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this title (§ 2-201) and as contradicting the sale aspect of the contract within the provisions of this title on parole or extrinsic evidence (§ 2-202).