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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 25 - Performance
Section 2502 - Right of buyer to goods on repudiation, failure to deliver or insolvency of seller
§ 2502. Right of buyer to goods on repudiation, failure to
deliver or insolvency of seller.
(a) General rule.--Subject to subsections (b) and (c) 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 section 2501 (relating to
insurable interest in goods; manner of identification of goods)
may on making and keeping good a tender of any unpaid portion of
their price recover them from the seller if:
(1) 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
(2) in all cases, the seller becomes insolvent within
ten days after receipt of the first installment on their
price.
(b) Vesting.--The buyer's right to recover the goods under
subsection (a)(1) vests upon acquisition of a special property
even if the seller had not then repudiated or failed to deliver.
(c) Identification made by buyer.--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.
(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)
2001 Amendment. Act 18 amended the section heading and
subsec. (a), relettered former subsec. (b) to subsec. (c) and
added a new subsec. (b).
Cross References. Section 2502 is referred to in sections
2402, 2711 of this title.
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