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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12A, § 12A-2-706: Seller's Resale Including Contract for Resale

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Where this section sits in the code
  1. OK Code
  2. Title 12A

(1) Under the conditions stated in Section 2-703 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 2-710), 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 his 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

2-707) or a buyer who has rightfully rejected or justifiably revoked

acceptance must account for any excess over the amount of his

security interest, as hereinafter defined (subsection (3) of Section

2-711).

Collected 2026-09-14T18:32:36Z. Source file · JSON

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