HRS §490:2-502
Buyer's right to get goods when seller backs out or goes broke
This section lets a buyer who has paid part or all of the price get the goods from a seller who refuses to deliver or goes broke, as long as the buyer pays the rest. It applies only to goods already identified as the buyer's. The right starts when the buyer gains a special interest in the goods.
buyerssurveyors
The statute, as written — 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 the immediately preceding section 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 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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.