Noriko Saw a Painting in Kurosawa's Fine Art Shop

Noriko saw a painting in Kurosawa's Fine Art shop.The total price was $7000.Noriko explained to the salesperson that she loved the painting, but she also said that she was not sure if she could afford it.The salesperson said that he could not simply set it aside for her because several other customers had shown an interest in the painting.Noriko therefore agreed to provide a $500 deposit and promised that she would return within a week to pay the remainder and take possession of the painting.Two weeks later, she telephoned the salesperson and said that she simply could not afford to buy the painting.Which of the following statements is TRUE?

A) Noriko can recover her $500 payment because the Sale of Goods Act does not apply to the parties' contract.
B) Kurosawa is probably entitled to keep the $500 because Noriko's payment was probably a penalty.
C) Noriko can exercise a lien in order to recover $500 from Kurosawa.
D) The facts demonstrate the use of a contractual deposit and illustrate why parties should sometimes should use that concept.
E) Noriko would be entitled to recover her $500 payment if the contract was not governed by the Sale of Goods Act.