2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 27 - Remedies
2706 - Resale by seller including contract for resale.

     § 2706.  Resale by seller including contract for resale.
        (a)  General rule.--Under the conditions stated in section
     2703 (relating to remedies of seller in general), 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 division
     (section 2710), but less expenses saved in consequence of the
     breach by the buyer.
        (b)  Manner of resale.--Except as otherwise provided in
     subsection (c) 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)  Notice of private sale.--Where the resale is at private
     sale the seller must give the buyer reasonable notification of
     his intention to resell.
        (d)  Public sale.--Where the resale is at public sale:
            (1)  Only identified goods can be sold except where 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 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.
            (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.
            (4)  The seller may buy.
        (e)  Rights of good faith purchaser.--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.
        (f)  Accountability for profit.--The seller is not
     accountable to the buyer for any profit made on any resale. A
     person in the position of a seller (section 2707), or buyer who
     has rightfully rejected or justifiably revoked acceptance must
     account for any excess over the amount of his security interest,
     as defined in section 2711(c) (relating to remedies of buyer in
     general; security interest of buyer in rejected goods).

        Cross References.  Section 2706 is referred to in sections
     2703, 2707, 2711, 2718 of this title.