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HRS §490:2-711What a buyer can do when the seller fails to deliver
If the seller does not deliver the goods, backs out, or the buyer rejects or revokes acceptance, the buyer can cancel the contract and get back any money paid. The buyer can also buy replacement goods and sue for damages, or in some cases get the actual goods. If the buyer rightfully rejects goods, they can keep and resell them to recover payments and costs.
buyers
The statute, as written — Buyer's remedies in general; buyer's security interest in rejected goods
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 490:2-612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid: (a) "Cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) Recover damages for nondelivery as provided in this article (section 490:2-713). (2) Where the seller fails to deliver or repudiates the buyer may also: (a) If the goods have been identified recover them as provided in this article (section 490:2-502); or (b) In a proper case obtain specific performance or replevy the goods as provided in this article (section 490:2-716). (3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 490:2-706).
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026 Sections this one refers to
§490:2-502 Buyer's right to get goods when seller backs out or goes broke
§490:2-612 What counts as an installment contract and when a bad delivery breaks the deal
§490:2-706 When a seller can resell goods after a buyer breaks the contract
§490:2-713 What a buyer can recover when a seller fails to deliver
§490:2-716 Buyer's right to force delivery or get goods back
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.