4.__Certain true consignment transactions were dealt with in former Sections 2-326(3) and 9-114 [Maine cite section 9-1114].__ These provisions have been deleted and have been replaced by new provisions in Article 9 [Maine cite article 9-A].__See, e.g., Sections 9-109(a)(4); 9-103(b); 9-319 [Maine cite section 9-1109, subsection (1), paragraph (d); section 9-1103, subsection (2); section 9-1319].

Sec. B-9. 11 MRSA §2-502 is repealed and the following enacted in its place:

§2-502.__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 section 2-501 may, on making and keeping good a tender of any unpaid portion of the price of the goods, recover the goods 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 the price of the goods.

(2)__The buyer's right to recover the goods under subsection (1), paragraph (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 the buyer's 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.

Official Comment

1. This section gives an additional right to the buyer as a result of identification of the goods to the contract in the manner provided in Section 2-501. The buyer is given a right to recover the goods on the seller's insolvency occurring, conditioned upon making and keeping good a tender of any unpaid portion of the price, in two limited circumstances.__First, the