| | | buyer may recover goods bought for personal, family, or household | | purposes if the seller repudiates the contract or fails to | | deliver the goods.__Second, in any case, the buyer may recover | the goods if the seller becomes insolvent within 10 days after he | | the seller receives the first installment on their price. The | | buyer's right to recover the goods under this section is an | | exception to the usual rule, under which the disappointed buyer | | must resort to an action to recover damages. |
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| | | 2. The question of whether the buyer also acquires a security | | interest in identified goods and has rights to the goods when | | insolvency takes place after the ten-day period provided in this | | section depends upon compliance with the provisions of the | | Article on Secured Transactions (Article 9 [Maine cite Article 9- | | A]). |
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| | | 3.__Under subsection (2), the buyer's right to recover | | consumer goods under subsection (1)(a) vests upon acquisition of | | a special property, which occurs upon identification of the goods | | to the contract.__See Section 2-501.__Inasmuch as a secured party | | normally acquires no greater rights in its collateral that its | | debtor had or had power to convey, see Section 2-403(1) (first | | sentence), a buyer who acquires a right to recover under this | | section will take free of a security interest created by the | | seller if it attaches to the goods after the goods have been | | identified to the contract.__The buyer will take free, even if | | the buyer does not buy in ordinary course and even if the | | security interest is perfected.__Of course, to the extent that | | the buyer pays the price after the security interest attaches, | | the payments will constitute proceeds of the security interest. |
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| | | 3.(2) | possibility of unjust enrichment, which exists | | buyer were permitted to recover goods even though they were | | greatly superior in quality or quantity to that called for by the | | contract for sale. |
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| | | Sec. B-10. 11 MRSA §2-716, sub-§(3) is amended to read: |
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| | | (3) The buyer has a right of replevin for goods identified to | the contract if after reasonable effort he | | effect cover for such goods or the circumstances reasonably | | indicate that such effort will be unavailing, or if the goods | | have been shipped under reservation and satisfaction of the | | security interest in them has been made or tendered. In the case | | of goods bought for personal, family or household purposes, the | | buyer's right of replevin vests upon acquisition of a special | | property, even if the seller had not then repudiated or failed to | | deliver. |
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