70A-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 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.
Amended by Chapter 252, 2000 General Session
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Last revised: Thursday, May 28, 2009