70A-2-502 - Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.
70A-2-502. Buyer's right to goods on seller's repudiation, failure to deliver, orinsolvency.
(1) Subject to Subsections (2) and (3) and even though the goods have not been shippeda buyer who has paid a part or all of the price of goods in which he has a special property underthe provisions of the immediately preceding section may on making and keeping good a tender ofany 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 sellerrepudiates or fails to deliver as required by the contract; or
(b) in all cases, the seller becomes insolvent within 10 days after receipt of the firstinstallment on their price.
(2) The buyer's right to recover the goods under Subsection (1)(a) vests upon acquisitionof 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 heacquires the right to recover the goods only if they conform to the contract for sale.
Amended by Chapter 252, 2000 General Session