104.2502 - Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency. - Nevada Statutes

104.2502  Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency.

      1.  Subject to subsections 2 and 3, 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 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 all cases, the seller becomes insolvent within 10 days after receipt of the first installment on their price.

      2.  The right of the buyer to recover the goods under subsection 1 vests upon acquisition of a special property even if the seller has not then repudiated or failed to deliver.

      3.  If the identification creating his or her special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale.

      (Added to NRS by 1965, 801; A 1999, 374; 2001, 709)