---
title: O.C.G.A. § 11-2-709. Action for the price.
collection: code
id: 11-2-709
cite_as: O.C.G.A. § 11-2-709 (2025)
canonical_url: https://georgiacommons.org/code/11-2-709
md_url: https://georgiacommons.org/code/11-2-709.md
text_url: https://georgiacommons.org/code/11-2-709/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=236
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.
up: https://georgiacommons.org/code/11-2.md
previous: https://georgiacommons.org/code/11-2-708.md
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index: https://georgiacommons.org/code/index.md
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 / REMEDIES
---

# O.C.G.A. § 11-2-709. Action for the price.

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under Code Section 11-2-710, the price:

(a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and

(b) Of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.

(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (Code Section 11-2-610), a seller who is held not entitled to the price under this Code section shall nevertheless be awarded damages for nonacceptance under Code Section 11-2-708.

## History

Code 1933, § 109A-2-709, enacted by Ga. L. 1962, p. 156, § 1.

## Law Reviews

For comment on Schuler v. Dearing Chevrolet Co., 76 Ga. App. 570, 46 S.E.2d 611 (1948), see 11 Ga. B.J. 72 (1948).