Statute · New York Uniform Commercial Code

N.Y. U.C.C. Law § 2-502 — Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency

N.Y. U.C.C. Law § 2-502

Type
Statute
Source
New York Uniform Commercial Code
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

Section 2--502. Buyer's Right to Goods on Seller's Repudiation, Failure

Citator

N.Y. U.C.C. Law § 2-502 — Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency is in force in the current edition of the Code, and nothing recorded condemns it.

Section 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 paragraph (a) of subsection (1) 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.