The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property, he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards.
§ 2076.Objections to tender; time; specification
Title 6. Of Evidence in Particular Cases, and Miscellaneous and General Provisions · Chapter 1. Evidence in Particular Cases · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2076 requires the person to whom a tender of money, an instrument, or property is made to state any objection at the time of the tender or lose the right to raise it later, and if the objection concerns the amount, terms, or kind involved, requires that person to specify what would satisfy the tender or be barred from objecting afterward.
Full Text of § 2076
Plain-English Summary
This section pushes a dispute over a tender out into the open right away. Someone who receives a tender of money, an instrument, or property and has a problem with it has to say so at the time, on the spot, or the objection is treated as waived. Staying silent and complaining about the tender later, after the moment has passed, is not an option this section preserves.
A second layer applies when the complaint concerns amount, terms, or kind: it is not enough to object in the abstract. The person rejecting the tender must specify what amount, what terms, or what kind of property would satisfy it instead, or lose the right to object on that ground afterward. That requirement protects the person making the tender by giving a real chance to fix a curable defect immediately, rather than getting blindsided in court much later by an objection that could have been resolved on the spot.
Frequently Asked Questions
What happens if the person receiving a tender says nothing about a problem with it at the time?
The objection is treated as waived; Section 2076 requires that any objection be stated when the tender is made.
If someone objects that a tendered sum is too low, what else must that person say?
The amount required to satisfy the tender, stated at the time of the objection, or the objection cannot be raised later.
Does this rule apply only to a tender of money?
No. It covers a tender of money, a written instrument, or property, and requires specificity for objections about amount, terms, or kind alike.
Why does the law require an immediate and specific objection to a tender?
So the party making the tender has a fair opportunity to cure the defect right away, instead of learning about it for the first time at trial.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: ccp 2076 objection to tender must be statedwaiving objection to a tender californiaspecify amount owed when rejecting a tender