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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 9A : Uniform Commercial Code

Article 002 : Sales

(Cite as: 9A V.S.A. § 2-502)
  • § 2—502. Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency

    (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 or she 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 other 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 (1)(a) 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 or her 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. (Amended 1999, No. 106 (Adj. Sess.), § 8, eff. July 1, 2001.)