| | 3. The legal remedy of replevin is given to the buyer in | cases in which cover is reasonably unavailable and goods have | been identified to the contract. This is in addition to the | buyer's right to recover identified goods on the seller's | insolvency (Section 2-502) under Section 2-502. For consumer | goods, the buyer's right to replevin vests upon the buyer's | acquisition of a special property, which occurs upon | identification of the goods to the contract.__See Section 2501.__ | 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 | of replevin under subsection (3) 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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| | Sec. B-11. 11 MRSA §2-1103, sub-§(3), as enacted by PL 1991, c. 805, §4, | is amended to read: |
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| | (3) The following definitions in other Articles apply to this | Article: |
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| "Account." | Section 9-106 9-1102, |
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| "Between merchants." | Section 2-104, subsection (3). |
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| "Buyer." | Section 2-103, subsection (1), |
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| "Chattel paper." | Section 9-105 9-1102, subsection |
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| "Consumer goods." | Section 9-109 9-1102, subsection |
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| "Document." | Section 9-105 9-1102, subsection |
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| "Entrusting." | Section 2-403, subsection (3). |
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| "General intangibles | Section 9-106 9-1102, subsection |
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