TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 5.

PERFORMANCE

28-2-502.  Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency. (1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of section 28-2-501, may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:

(a)  In the case of goods bought for personal, family or household purposes, the seller repudiates or fails to deliver as required by the contract; or

(b)  In all cases, the seller becomes insolvent within ten (10) days after receipt of the first installment on their price.

(2)  The buyer’s right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

(3)  If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.

History:

[28-2-502, added 1967, ch. 161, sec. 2-502, p. 351; am. 2001, ch. 208, sec. 8, p. 808.]