- (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 he has a special property under the provisions of § 57A-2-501 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 ten days after receipt of the first installment on their price.
- (2) The buyer's right to recover the goods under subsection (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 special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.
Source: SL 1966, ch 150 , § 2-502; SDCL, §§ 57-6-4, 57-6-5; SL 2000, ch 231 , § 6.