§ 6A-2-706 Seller's resale includingcontract for resale. – (1) Under the conditions stated in § 6A-2-703 on seller's remedies, theseller may resell the goods concerned or the undelivered balance thereof. Wherethe resale is made in good faith and in a commercially reasonable manner theseller may recover the difference between the resale price and the contractprice together with any incidental damages allowed under the provisions of thischapter (§ 6A-2-710), but less expenses saved in consequence of thebuyer's breach.
(2) Except as otherwise provided in subsection (3) or unlessotherwise agreed resale may be at public or private sale including sale by wayof one or more contracts to sell or of identification to an existing contractof the seller. Sale may be as a unit or in parcels and at any time and placeand on any terms but every aspect of the sale including the method, manner,time, place, and terms must be commercially reasonable. The resale must bereasonably identified as referring to the broken contract, but it is notnecessary that the goods be in existence or that any or all of them have beenidentified to the contract before the breach.
(3) Where the resale is at private sale the seller must givethe buyer reasonable notification of his or her intention to resell.
(4) Where the resale is at public sale
(a) Only identified goods can be sold except where there is arecognized market for a public sale of futures in goods of the kind; and
(b) It must be made at a usual place or market for publicsale if one is reasonably available and except in the case of goods which areperishable or threaten to decline in value speedily the seller must give thebuyer reasonable notice of the time and place of the resale; and
(c) If the goods are not to be within the view of thoseattending the sale the notification of sale must state the place where thegoods are located and provide for their reasonable inspection by prospectivebidders; and
(d) The seller may buy.
(5) A purchaser who buys in good faith at a resale takes thegoods free of any rights of the original buyer even though the seller fails tocomply with one or more of the requirements of this section.
(6) The seller is not accountable to the buyer for any profitmade on any resale. A person in the position of a seller (§ 6A-2-707) or abuyer who has rightfully rejected or justifiably revoked acceptance mustaccount for any excess over the amount of his or her security interest, ashereinafter defined (§ 6A-2-711(3)).
§ 6A-2-706 Seller's resale includingcontract for resale. – (1) Under the conditions stated in § 6A-2-703 on seller's remedies, theseller may resell the goods concerned or the undelivered balance thereof. Wherethe resale is made in good faith and in a commercially reasonable manner theseller may recover the difference between the resale price and the contractprice together with any incidental damages allowed under the provisions of thischapter (§ 6A-2-710), but less expenses saved in consequence of thebuyer's breach.
(2) Except as otherwise provided in subsection (3) or unlessotherwise agreed resale may be at public or private sale including sale by wayof one or more contracts to sell or of identification to an existing contractof the seller. Sale may be as a unit or in parcels and at any time and placeand on any terms but every aspect of the sale including the method, manner,time, place, and terms must be commercially reasonable. The resale must bereasonably identified as referring to the broken contract, but it is notnecessary that the goods be in existence or that any or all of them have beenidentified to the contract before the breach.
(3) Where the resale is at private sale the seller must givethe buyer reasonable notification of his or her intention to resell.
(4) Where the resale is at public sale
(a) Only identified goods can be sold except where there is arecognized market for a public sale of futures in goods of the kind; and
(b) It must be made at a usual place or market for publicsale if one is reasonably available and except in the case of goods which areperishable or threaten to decline in value speedily the seller must give thebuyer reasonable notice of the time and place of the resale; and
(c) If the goods are not to be within the view of thoseattending the sale the notification of sale must state the place where thegoods are located and provide for their reasonable inspection by prospectivebidders; and
(d) The seller may buy.
(5) A purchaser who buys in good faith at a resale takes thegoods free of any rights of the original buyer even though the seller fails tocomply with one or more of the requirements of this section.
(6) The seller is not accountable to the buyer for any profitmade on any resale. A person in the position of a seller (§ 6A-2-707) or abuyer who has rightfully rejected or justifiably revoked acceptance mustaccount for any excess over the amount of his or her security interest, ashereinafter defined (§ 6A-2-711(3)).
§ 6A-2-706 Seller's resale includingcontract for resale. – (1) Under the conditions stated in § 6A-2-703 on seller's remedies, theseller may resell the goods concerned or the undelivered balance thereof. Wherethe resale is made in good faith and in a commercially reasonable manner theseller may recover the difference between the resale price and the contractprice together with any incidental damages allowed under the provisions of thischapter (§ 6A-2-710), but less expenses saved in consequence of thebuyer's breach.
(2) Except as otherwise provided in subsection (3) or unlessotherwise agreed resale may be at public or private sale including sale by wayof one or more contracts to sell or of identification to an existing contractof the seller. Sale may be as a unit or in parcels and at any time and placeand on any terms but every aspect of the sale including the method, manner,time, place, and terms must be commercially reasonable. The resale must bereasonably identified as referring to the broken contract, but it is notnecessary that the goods be in existence or that any or all of them have beenidentified to the contract before the breach.
(3) Where the resale is at private sale the seller must givethe buyer reasonable notification of his or her intention to resell.
(4) Where the resale is at public sale
(a) Only identified goods can be sold except where there is arecognized market for a public sale of futures in goods of the kind; and
(b) It must be made at a usual place or market for publicsale if one is reasonably available and except in the case of goods which areperishable or threaten to decline in value speedily the seller must give thebuyer reasonable notice of the time and place of the resale; and
(c) If the goods are not to be within the view of thoseattending the sale the notification of sale must state the place where thegoods are located and provide for their reasonable inspection by prospectivebidders; and
(d) The seller may buy.
(5) A purchaser who buys in good faith at a resale takes thegoods free of any rights of the original buyer even though the seller fails tocomply with one or more of the requirements of this section.
(6) The seller is not accountable to the buyer for any profitmade on any resale. A person in the position of a seller (§ 6A-2-707) or abuyer who has rightfully rejected or justifiably revoked acceptance mustaccount for any excess over the amount of his or her security interest, ashereinafter defined (§ 6A-2-711(3)).
