Tex. Bus. & Com. Code § 2A.527 · Subchapter E. DEFAULT
LESSOR'S RIGHTS TO DISPOSE OF GOODS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) After a default by a lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1) or after the lessor refuses to deliver or takes possession of goods (Section 2A.525 or 2A.526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
(b) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties (Sections 1.302 and 2A.503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (1) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (2) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (3) any incidental damages allowed under Section 2A.530, less expenses saved in consequence of the lessee's default.
(c) If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under Subsection (b), or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and Section 2A.528 governs.
(d) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.
(e) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (Section 2A.508(e)).
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 542, Sec. 8, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2A.htm
- Text hash
- sha256 d8ae1473971e140c1b1fdc367486367129f7442f1017f947c8bf52243dab6558
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
- Tex. Bus. & Com. Code § 1.302VARIATION BY AGREEMENT.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.503MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.504LIQUIDATION OF DAMAGES.Printed as Section 2A.504
- Tex. Bus. & Com. Code § 2A.508LESSEE'S REMEDIES.Printed as Section 2A.508(e)
- Tex. Bus. & Com. Code § 2A.523LESSOR'S REMEDIES.Printed as Section 2A.523(a)
- Tex. Bus. & Com. Code § 2A.525LESSOR'S RIGHT TO POSSESSION OF GOODS.Printed as Section 2A.525 or 2A.526
- Tex. Bus. & Com. Code § 2A.526LESSOR'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.Printed as Section 2A.525 or 2A.526
- Tex. Bus. & Com. Code § 2A.528LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.Printed as Section 2A.528
- Tex. Bus. & Com. Code § 2A.530LESSOR'S INCIDENTAL DAMAGES.Printed as Section 2A.530
Cited by 7 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2A.527. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2A.304SUBSEQUENT LEASE OF GOODS BY LESSOR.Printed as Section 2A.527(d)
- Tex. Bus. & Com. Code § 2A.508LESSEE'S REMEDIES.Printed as Section 2A.527(e)
- Tex. Bus. & Com. Code § 2A.523LESSOR'S REMEDIES.Printed as Section 2A.527
- Tex. Bus. & Com. Code § 2A.524LESSOR'S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.Printed as Section 2A.527(a)
- Tex. Bus. & Com. Code § 2A.525LESSOR'S RIGHT TO POSSESSION OF GOODS.Printed as Section 2A.527
- Tex. Bus. & Com. Code § 2A.528LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.Printed as Section 2A.527(b)
- Tex. Bus. & Com. Code § 2A.529LESSOR'S ACTION FOR THE RENT.Printed as Section 2A.527 or 2A.528
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.