Idaho State Statutes - Idaho Attorney Directory

PASSING OF TITLE -- RESERVATION FOR SECURITY -- LIMITED
APPLICATION OF THIS SECTION. Each provision of this chapter with regard to the
rights, obligations and remedies of the seller, the buyer, purchasers or other
third parties applies irrespective of title to the goods except where the
provision refers to such title. Insofar as situations are not covered by the
other provisions of this chapter and matters concerning title become material
the following rules apply:
(1) Title to goods cannot pass under a contract for sale prior to their
identification to the contract (section 28-2-501), and unless otherwise
explicitly agreed the buyer acquires by their identification a special
property as limited by this act. Any retention or reservation by the seller of
the title (property) in goods shipped or delivered to the buyer is limited in
effect to a reservation of a security interest. Subject to these provisions
and to the provisions of the chapter on secured transactions (chapter 9),
title to goods passes from the seller to the buyer in any manner and on any
conditions explicitly agreed on by the parties.
(2) Unless otherwise explicitly agreed title passes to the buyer at the
time and place at which the seller completes his performance with reference to
the physical 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 a 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 them 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 tangible document of title, title
passes at the time when and the place where he delivers such documents and
if the seller is to deliver an electronic document of title, title passes
when the seller delivers the document; or
(b) if the goods are at the time of contracting already identified and no
documents of title 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."

Click here to visit the Official Idaho State Statutes