---
title: O.C.G.A. § 11-2-327. Special incidents of sale on approval and sale or return.
collection: code
id: 11-2-327
cite_as: O.C.G.A. § 11-2-327 (2025)
canonical_url: https://georgiacommons.org/code/11-2-327
md_url: https://georgiacommons.org/code/11-2-327.md
text_url: https://georgiacommons.org/code/11-2-327/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-2022-pdf.pdf?sfvrsn=b5451bbd_0#page=167
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SALES / GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
---

# O.C.G.A. § 11-2-327. Special incidents of sale on approval and sale or return.

(1) Under a sale on approval unless otherwise agreed:

(a) Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and

(b) Use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and

(c) After due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.

(2) Under a sale or return unless otherwise agreed:

(a) The option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and

(b) The return is at the buyer’s risk and expense.

## History

Code 1933, § 109A-2-327, enacted by Ga. L. 1962, p. 156, § 1.