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Texas Business & Commerce Code - Section 2.502. Buyer's Right To Goods On Seller's Repudiation, Failure To Deliver, Or Insolvency

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 2.502. Buyer's Right To Goods On Seller's Repudiation, Failure To Deliver, Or Insolvency

§ 2.502. BUYER'S RIGHT TO GOODS ON SELLER'S REPUDIATION, 
FAILURE TO DELIVER, OR INSOLVENCY.  (a) Subject to Subsections (b) 
and (c) 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:
		(1)  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
		(2)  in all cases, the seller becomes insolvent within 
ten days after receipt of the first installment on their price.
	(b)  The buyer's right to recover the goods under Subsection 
(a)(1) vests upon acquisition of a special property, even if the 
seller had not then repudiated or failed to deliver.
	(c)  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.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.  
Amended by Acts 1999, 76th Leg., ch. 414, § 2.17, eff. July 1, 
2001.

Last modified: August 10, 2007