§ 9—610. Disposition of collateral after default
(a) After default, a secured party may sell, lease, license, or otherwise dispose of any
or all of the collateral in its present condition or following any commercially reasonable
preparation or processing.
(b) Every aspect of a disposition of collateral, including the method, manner, time, place,
and other terms, must be commercially reasonable. If commercially reasonable, a secured
party may dispose of collateral by public or private proceedings, by one or more contracts,
as a unit or in parcels, and at any time and place and on any terms.
(c) A secured party may purchase collateral:
(1) at a public disposition; or
(2) at a private disposition only if the collateral is of a kind that is customarily sold
on a recognized market or the subject of widely distributed standard price quotations.
(d) A contract for sale, lease, license, or other disposition includes the warranties
relating to title, possession, quiet enjoyment, and the like which by operation of
law accompany a voluntary disposition of property of the kind subject to the contract.
(e) A secured party may disclaim or modify warranties under subsection (d) of this section:
(1) in a manner that would be effective to disclaim or modify the warranties in a voluntary
disposition of property of the kind subject to the contract of disposition; or
(2) by communicating to the purchaser a record evidencing the contract for disposition
and including an express disclaimer or modification of the warranties.
(f) A record is sufficient to disclaim warranties under subsection (e) of this section
if it indicates “There is no warranty relating to title, possession, quiet enjoyment,
or the like in this disposition” or uses words of similar import. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001.)