Oregon Statutes 72.5020 – Buyers right to goods on sellers repudiation, failure to deliver or insolvency
(1) Subject to subsections (2) and (3) of this section 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 ORS § 72.5010 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:
Terms Used In Oregon Statutes 72.5020
- Buyer: means a person who buys or contracts to buy goods. See Oregon Statutes 72.1030
- Contract: A legal written agreement that becomes binding when signed.
- Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Oregon Statutes 72.1060
- Seller: means a person who sells or contracts to sell goods. See Oregon Statutes 72.1030
(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 10 days after receipt of the first installment on their price.
(2) The buyer’s right to recover the goods under subsection (1)(a) of this section 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 special property of the buyer has been made by the buyer the buyer acquires the right to recover the goods only if they conform to the contract for sale. [1961 c.726 § 72.5020; 2001 c.104 § 24; 2001 c.445 § 138]