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This entry was published on 2014-09-22
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Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 5
Section 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 the
immediately preceding section 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 days

after receipt of the first installment on their price.

(2) The buyer's right to recover the goods under paragraph (a) of
subsection (1) 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.