Kentucky Statutes 355.2-502 – Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency
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(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 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 contract; or
(b) In all cases, the seller becomes insolvent within ten (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 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.
Effective: July 1, 2001
History: Amended 2000 Ky. Acts ch. 408, sec. 161, effective July 1, 2001. — Created
1958 Ky. Acts ch. 77, sec. 2-502, effective July 1, 1960.
(a) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by contract; or
Terms Used In Kentucky Statutes 355.2-502
- Buyer: means a person who buys or contracts to buy goods. See Kentucky Statutes 355.2-103
- 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 Kentucky Statutes 355.2-106
- Seller: means a person who sells or contracts to sell goods. See Kentucky Statutes 355.2-103
(b) In all cases, the seller becomes insolvent within ten (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 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.
Effective: July 1, 2001
History: Amended 2000 Ky. Acts ch. 408, sec. 161, effective July 1, 2001. — Created
1958 Ky. Acts ch. 77, sec. 2-502, effective July 1, 1960.