§490:2-502 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 the buyer 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 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 the buyer's special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale. [L 1965, c 208, §2-502; HRS §490:2-502; am L 2000, c 241, §14]
Section: Previous 490-2-326 490-2-327 490-2-328 490-2-401 490-2-402 490-2-403 490-2-501 490-2-502 490-2-503 490-2-504 490-2-505 490-2-506 490-2-507 490-2-508 490-2-509 NextLast modified: October 27, 2016