(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:
Terms Used In Utah Code 70A-2-502- Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
- 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 Utah Code 70A-2-106
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
(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) 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