Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Saturday, 24 January 2009


Retention of Title

Your terms and conditions should provide that ownership of goods supplied by you do not pass to the buyer until they have been paid for.

You will be able to reclaim the goods if the full price is not paid.

Since title has not passed, the goods will not be included in any security given by the buyer to his bank or anyone else.

Depending on the nature for your trade, you might want to use a more sophisticated ROT clause which:

Reserves title until the buyer has paid for all goods supplied by the seller (not just those being sold in this particular instance)

Extend your rights to the proceeds of sale of the goods

Retains your rights over goods, even if they have been mixed and incorporated into other goods (not easy, that one!)

Allows you to enter the buyer’s premises to reclaim the goods

Requires the buyer to store the items separately and identifiably


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).