Section 45.02.706. Seller's resale including contract for resale.

   (a) Under the conditions stated in AS 45.02.703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance of the goods.  If 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 incidental damages allowed under AS 45.02.710, but less expenses saved in consequence of the buyer's breach.
   (b) Except as otherwise provided in (c) of this section 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.
   (c) If the resale is at private sale, the seller must give the buyer reasonable notification of the intention to resell.
   (d) If the resale is at public sale,
        (1) only identified goods can be sold unless there is a recognized market for a public sale of futures in goods of the kind;
        (2) 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 that 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;
        (3) 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
        (4) the seller may buy.
   (e) A purchaser who buys in good faith at a resale takes the goods free of rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.
   (f) The seller is not accountable to the buyer for a profit made on a resale.  A person in the position of a seller (AS 45.02.707), or a buyer who has rightfully rejected or justifiably revoked acceptance must account for an excess over the amount of the person's security interest, as defined in AS 45.02.711(c).

Authorities

45.02.703;45.02.707;45.02.711;45.02.718

Notes

Recent Bills that will modify this

SB 35 2015 REVISOR'S BILL

References

AS 45.02.703 Seller's remedies in general.
AS 45.02.707 Person in the position of a seller.
AS 45.02.711 Buyer's remedies in general; buyer's security interest in rejected goods.
AS 45.02.718 Liquidation or limitation of damages; deposits.

History

(Sec. 2.706 ch 114 SLA 1962; am Sec. 37 ch 22 SLA 2015)