{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-709.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-709.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-709.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-709.html"}],"law_id":69334,"edition_id":1,"section_id":69334,"structure_id":14714,"section_number":"8.2-709","catch_line":"Action for the price","history":"1964, c. 219.","full_text":"1\n\nWhen the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section [\u00a7 8.2-710], the pricea\n\nof goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; andb\n\nof 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\n\nWhere 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\n\nAfter the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 8.2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section [§ 8.2-708].","order_by":null,"text":{"0":{"id":250792,"text":"When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section [\u00a7 8.2-710], the price","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":250793,"text":"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","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":250794,"text":"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.","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"2"},"3":{"id":250795,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1b","next_prefix":"3"},"4":{"id":250796,"text":"After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 8.2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section [§ 8.2-708].","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":14714,"edition_id":1,"name":"Remedies","identifier":"7","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:49:27","date_modified":"2026-06-26 03:49:27","permalink":{"id":282265,"object_type":"structure","relational_id":14714,"identifier":"7","token":"8.2\/7","url":"\/8.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85835,"structure_id":14714,"section_number":"8.2-701","catch_line":"Remedies for breach of collateral contracts not impaired","url":"\/8.2-701\/","token":"8.2\/7\/8.2-701","metadata":false},{"id":69584,"structure_id":14714,"section_number":"8.2-702","catch_line":"Seller's remedies on discovery of buyer's insolvency","url":"\/8.2-702\/","token":"8.2\/7\/8.2-702","metadata":false},{"id":78574,"structure_id":14714,"section_number":"8.2-703","catch_line":"Seller's remedies in general","url":"\/8.2-703\/","token":"8.2\/7\/8.2-703","metadata":false},{"id":83665,"structure_id":14714,"section_number":"8.2-704","catch_line":"Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods","url":"\/8.2-704\/","token":"8.2\/7\/8.2-704","metadata":false},{"id":87075,"structure_id":14714,"section_number":"8.2-705","catch_line":"Seller's stoppage of delivery in transit or otherwise","url":"\/8.2-705\/","token":"8.2\/7\/8.2-705","metadata":false},{"id":66214,"structure_id":14714,"section_number":"8.2-706","catch_line":"Seller's resale including contract for resale","url":"\/8.2-706\/","token":"8.2\/7\/8.2-706","metadata":false},{"id":76676,"structure_id":14714,"section_number":"8.2-707","catch_line":"\"Person in the position of a seller.\"","url":"\/8.2-707\/","token":"8.2\/7\/8.2-707","metadata":false},{"id":84104,"structure_id":14714,"section_number":"8.2-708","catch_line":"Seller's damages for nonacceptance or repudiation","url":"\/8.2-708\/","token":"8.2\/7\/8.2-708","metadata":false},{"id":69334,"structure_id":14714,"section_number":"8.2-709","catch_line":"Action for the price","url":"\/8.2-709\/","token":"8.2\/7\/8.2-709","metadata":false},{"id":77135,"structure_id":14714,"section_number":"8.2-710","catch_line":"Seller's incidental damages","url":"\/8.2-710\/","token":"8.2\/7\/8.2-710","metadata":false},{"id":71698,"structure_id":14714,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","url":"\/8.2-711\/","token":"8.2\/7\/8.2-711","metadata":false},{"id":76129,"structure_id":14714,"section_number":"8.2-712","catch_line":"\"Cover\"; buyer's procurement of substitute goods","url":"\/8.2-712\/","token":"8.2\/7\/8.2-712","metadata":false},{"id":66860,"structure_id":14714,"section_number":"8.2-713","catch_line":"Buyer's damages for nondelivery or repudiation","url":"\/8.2-713\/","token":"8.2\/7\/8.2-713","metadata":false},{"id":56369,"structure_id":14714,"section_number":"8.2-714","catch_line":"Buyer's damages for breach in regard to accepted goods","url":"\/8.2-714\/","token":"8.2\/7\/8.2-714","metadata":false},{"id":62991,"structure_id":14714,"section_number":"8.2-715","catch_line":"Buyer's incidental and consequential damages","url":"\/8.2-715\/","token":"8.2\/7\/8.2-715","metadata":false},{"id":83382,"structure_id":14714,"section_number":"8.2-716","catch_line":"Buyer's right to specific performance or detinue","url":"\/8.2-716\/","token":"8.2\/7\/8.2-716","metadata":false},{"id":82961,"structure_id":14714,"section_number":"8.2-717","catch_line":"Deduction of damages from the price","url":"\/8.2-717\/","token":"8.2\/7\/8.2-717","metadata":false},{"id":65551,"structure_id":14714,"section_number":"8.2-718","catch_line":"Liquidation or limitation of damages; deposits","url":"\/8.2-718\/","token":"8.2\/7\/8.2-718","metadata":false},{"id":76593,"structure_id":14714,"section_number":"8.2-719","catch_line":"Contractual modification or limitation of remedy","url":"\/8.2-719\/","token":"8.2\/7\/8.2-719","metadata":false},{"id":57861,"structure_id":14714,"section_number":"8.2-720","catch_line":"Effect of \"cancellation\" or \"rescission\" on claims for antecedent breach","url":"\/8.2-720\/","token":"8.2\/7\/8.2-720","metadata":false},{"id":70494,"structure_id":14714,"section_number":"8.2-721","catch_line":"Remedies for fraud","url":"\/8.2-721\/","token":"8.2\/7\/8.2-721","metadata":false},{"id":73811,"structure_id":14714,"section_number":"8.2-722","catch_line":"Who can sue third parties for injury to goods","url":"\/8.2-722\/","token":"8.2\/7\/8.2-722","metadata":false},{"id":84785,"structure_id":14714,"section_number":"8.2-723","catch_line":"Proof of market price; time and place","url":"\/8.2-723\/","token":"8.2\/7\/8.2-723","metadata":false},{"id":71937,"structure_id":14714,"section_number":"8.2-724","catch_line":"Admissibility of market quotations (subdivision (17) of Supreme Court Rule 2:803 derived from this section)","url":"\/8.2-724\/","token":"8.2\/7\/8.2-724","metadata":false},{"id":73642,"structure_id":14714,"section_number":"8.2-725","catch_line":"Statute of limitations in contracts for sale","url":"\/8.2-725\/","token":"8.2\/7\/8.2-725","metadata":false}],"previous_section":{"id":84104,"structure_id":14714,"section_number":"8.2-708","catch_line":"Seller's damages for nonacceptance or repudiation","url":"\/8.2-708\/","token":"8.2\/7\/8.2-708","metadata":false},"next_section":{"id":77135,"structure_id":14714,"section_number":"8.2-710","catch_line":"Seller's incidental damages","url":"\/8.2-710\/","token":"8.2\/7\/8.2-710","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-709\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":78574,"section_number":"8.2-703","catch_line":"Seller's remedies in general","order_by":null,"url":"\/8.2-703\/"}],"refers_to":[{"id":72611,"section_number":"8.2-610","catch_line":"Anticipatory repudiation","order_by":null,"url":"\/8.2-610\/"},{"id":84104,"section_number":"8.2-708","catch_line":"Seller's damages for nonacceptance or repudiation","order_by":null,"url":"\/8.2-708\/"},{"id":77135,"section_number":"8.2-710","catch_line":"Seller's incidental damages","order_by":null,"url":"\/8.2-710\/"}],"permalink":{"id":282299,"object_type":"law","relational_id":69334,"identifier":"8.2-709","token":"8.2\/7\/8.2-709","url":"\/8.2-709\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-709\/","token":"8.2\/7\/8.2-709","dublin_core":{"Title":"Action for the price","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-709","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages<\/span> under the next section [\u00a7 8.2-710<\/a>], the price <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> of goods identified to the contract<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract<\/span> 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<\/span>. The net proceeds of any such resale must be credited to the buyer and payment of the judgment<\/span> entitles him to any goods not resold. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 8.2-610<\/a>), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages<\/span> for nonacceptance under the preceding section [§ 8.2-708<\/a>]. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION FOR THE PRICE (\u00a7 8.2-709)\n\n1. When the buyer fails to pay the price as it becomes due the seller may\nrecover, together with any incidental damages under the next section [\u00a7\n8.2-710], the price\n\n a. of goods accepted or of conforming goods lost or damaged within a\n commercially reasonable time after risk of their loss has passed to the buyer;\n and\n\n b. of goods identified to the contract if the seller is unable after\n reasonable effort to resell them at a reasonable price or the circumstances\n reasonably indicate that such effort will be unavailing.\n\n2. Where the seller sues for the price he must hold for the buyer any goods\nwhich have been identified to the contract and are still in his control except\nthat if resale becomes possible he may resell them at any time prior to the\ncollection of the judgment. The net proceeds of any such resale must be credited\nto the buyer and payment of the judgment entitles him to any goods not resold.\n\n3. After the buyer has wrongfully rejected or revoked acceptance of the goods or\nhas failed to make a payment due or has repudiated (§ 8.2-610), a seller\nwho is held not entitled to the price under this section shall nevertheless be\nawarded damages for nonacceptance under the preceding section [§ 8.2-708].\n\nHISTORY: 1964, c. 219.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}