- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 706. Seller's Resale Including Contract For Resale.
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. Seller's Stoppage of Delivery in Transit or Otherwise.
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. Person in the Position of a Seller.
AS 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
- (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; and
- (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
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