Short answer. The buyer bears the risk. Article 1588 of the Civil Code provides that when a buyer refuses to accept goods without just cause, title passes to the buyer from the moment the goods are placed at their disposal. The risk of loss follows the title — it is now on the buyer.
What the law says
when the buyer's refusal to accept the goods is without just cause, the title thereto passes to him from the moment they are placed at his disposal.
Civil Code, Article 1588 — Wrongful Refusal Passes Title. Read the full provision →
Title passes at the moment of wrongful refusal
Article 1588 of the Civil Code addresses what happens when a buyer refuses goods without any valid reason. As a general principle, a seller who has done everything required to complete delivery should not be penalised by having to bear the risk of the goods indefinitely because the buyer refuses to take them. The article resolves this by passing title to the buyer from the moment the goods are placed at their disposal — even though the buyer has not physically accepted them. With title comes the risk of loss or damage.
What 'placed at his disposal' means
The risk-shifting point is when the goods are placed at the buyer's disposal — not when the buyer actually accepts them. This means the goods have been brought to the agreed delivery point, or otherwise made available to the buyer in a manner that allows the buyer to take possession at any time. Once the seller has done this, the refusal to accept without just cause triggers the transfer of title. Any subsequent loss, deterioration, or damage to the goods after this point is on the buyer's account.
What counts as a just cause for refusal
Not every refusal is wrongful. A buyer may have just cause to refuse if the goods do not conform to the contract — wrong quantity, wrong quality, defective, or delivered at the wrong place or time. The refusal must match the seller's breach. If the seller has properly performed and the buyer refuses simply because they changed their mind, found a better deal, or no longer wants the goods, that refusal is without just cause. Article 1588 applies specifically to that category: unjustified, self-interested refusal.
Practical consequences for the seller
As the seller, once title has passed to the buyer through wrongful refusal, you are no longer responsible for what happens to the goods. But you still hold the goods physically, which creates practical issues: storage, security, and potentially deterioration. You may be entitled to a lien on the goods for the purchase price, and depending on the circumstances, you may be able to resell the goods and hold the original buyer responsible for any shortfall. Documenting the moment you placed the goods at the buyer's disposal — with a written tender, a dated delivery attempt, or a similar record — is essential for any subsequent claim.