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Buyer and Seller Remedies for Goods

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By

ACL

The short answer

The Uniform Commercial Code gives specific remedies for sales of goods. Buyers can buy replacements and recover the price difference. Sellers can resell and recover the shortfall, or in some cases sue for the full price.

Where it fits in your case

When a buyer or seller of goods fails to perform.

What to expect

  • Cover. A buyer may buy substitute goods and recover the extra cost, plus incidental and consequential damages.

  • Market damages measure the difference between the contract and market price.

  • Accepted defective goods usually support damages for reduced value or repair costs.

  • Seller resale measures the loss, but a lost-volume seller may still recover lost profit.

  • Price actions are available when goods were accepted or cannot reasonably be resold.

  • Deposits. A breaching buyer may recover part of a deposit beyond the seller’s damages.

What we need from you

Contracts, invoices, replacement or resale records, and market price evidence.

Common misconceptions

  • “We can recover a refund and the full replacement cost.” Not both in full.

  • “Reselling wipes out our claim.” Lost-volume sellers may still recover.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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