2010 Georgia Code 11-2-502 Case Law
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One Click Case Law for § 11-2-502
O.C.G.A. § 11-2-501 <-- --> O.C.G.A. §11-2-503



2010 Georgia Code

TITLE 11 - COMMERCIAL CODE
ARTICLE 2 - SALES
PART 5 - PERFORMANCE
§ 11-2-502 - Buyer's right to goods on seller's insolvency

O.C.G.A. 11-2-502 (2010)
11-2-502. Buyer's right to goods on seller's insolvency


(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:

(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) 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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com