11-2-502. Buyer’s right to goods on seller’s insolvency.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(1)
Subject to subsections (2) and (3) of this Code 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 Code Section 11-2-501 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:#
1. (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#
2. (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) of this Code 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 buyer’s special property has been made by the buyer he or she acquires the right to recover the goods only if they conform to the contract for sale.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-502, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2001, p. 362, § 7.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2001, “buyer he or she” was substituted for “buyer or she” in subsection (3).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 182 to 183; merge action: carried; file SHA-256 ad397fccbf21.

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