N.D. Cent. Code § 41-02-95
(2-716) Buyer's right to specific performance or replevin
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to 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.
(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to 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.
(4) The legal remedy of replevin or a similar remedy is also available for cases in which cover is unavailable and where the goods have been identified to the contract. This is in addition to the prepaying buyer’s right to recover identified goods upon the seller’s insolvency or, when the goods have been bought for a consumer purpose, upon the seller’s repudiation or failure to deliver (Section 2-502). If a negotiable document of title is outstanding, the buyer’s right of replevin relates to the document and does not directly relate to the goods. See Article 7, especially Section 7-602.
(5) Subsection (4) provides that a buyer’s right to replevin or a similar remedy vests upon the buyer’s acquisition of a special property in the goods (Section 2-501) even if the seller has not at that time repudiated or failed to make a required delivery. This vesting rule assumes application of a “first in time” priority rule. In other words, if the buyer’s rights vest under this rule before a creditor acquires an in rem right to the goods, including an Article 9 security interest and a lien created by levy, the buyer should prevail.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.