336.2-706 SELLER'S RESALE INCLUDING CONTRACT FOR RESALE.
(1) Under the conditions stated in section
on seller's remedies, the seller may resell
the goods concerned or the undelivered balance thereof. Where the resale is made in good faith
and in a commercially reasonable manner the seller may recover the difference between the resale
price and the contract price together with any incidental damages allowed under the provisions of
this article (section
, but less expenses saved in consequence of the buyer's breach.
(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be
at public or private sale including sale by way of one or more contracts to sell or of identification
to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place
and on any terms but every aspect of the sale including the method, manner, time, place and terms
must be commercially reasonable. The resale must be reasonably identified as referring to the
broken contract, but it is not necessary that the goods be in existence or that any or all of them
have been identified to the contract before the breach.
(3) Where the resale is at private sale the seller must give the buyer reasonable notification of
an intention to resell.
(4) Where the resale is at public sale
(a) only identified goods can be sold except where there is a recognized 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 public sale if one is reasonably available
and except in the case of goods which are perishable or threaten to decline in value speedily the
seller must give the buyer reasonable notice of the time and place of the resale; and
(c) if the goods are not to be within the view of those attending the sale the notification of
sale must state the place where the goods are located and provide for their reasonable inspection
by prospective bidders; and
(d) the seller may buy.
(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of
the original buyer even though the seller fails to comply with one or more of the requirements
of this section.
(6) The seller is not accountable to the buyer for any profit made on any resale. A person in
the position of a seller (section
) or a buyer who has rightfully rejected or justifiably
revoked acceptance must account for any excess over the amount of a security interest, as
hereinafter defined (subsection (3) of section
History: 1965 c 811 s 336.2-706; 1986 c 444