West Virginia Code § 46-2-401

Passing of title; reservation for security; limited application of this
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section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of titele to the goods
except where the provision refers to such title. Insofar as situations are not covered by the
other provisions of this article and matters concerning title become marterial the following
rules apply:
(1) Title to goods cannot pass under a contract for sale prior to their identification to the
contract (section 2-501), and unless otherwise explicitly agreted the buyer acquires by their
identification a special property as limited by this chapter. 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
article on secured transactions (article 9), title to goods passes from the seller to the buyer
in any manner and on any conditions explicitlys 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 perfogrmance 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 teime 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
recessing occurs by operation of law and is not a "sale".

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