{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-2-706","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-2-706","heading":"Seller's Resale Including Contract for Resale","body":"(1) Under the conditions stated in Section 2-703 on seller's\n\nremedies, the seller may resell the goods concerned or the\n\nundelivered balance thereof. Where the resale is made in good faith\n\nand in a commercially reasonable manner the seller may recover the\n\ndifference between the resale price and the contract price together\n\nwith any incidental damages allowed under the provisions of this\n\narticle (Section 2-710), but less expenses saved in consequence of\n\nthe buyer's breach.\n\n(2) Except as otherwise provided in subsection (3) or unless\n\notherwise agreed resale may be at public or private sale including\n\nsale by way of one or more contracts to sell or of identification to\n\nan existing contract of the seller. Sale may be as a unit or in\n\nparcels and at any time and place and on any terms but every aspect\n\nof the sale including the method, manner, time, place and terms must\n\nbe commercially reasonable. The resale must be reasonably\n\nidentified as referring to the broken contract, but it is not\n\nnecessary that the goods be in existence or that any or all of them\n\nhave been identified to the contract before the breach.\n\n(3) Where the resale is at private sale the seller must give the\n\nbuyer reasonable notification of his intention to resell.\n\n(4) Where the resale is at public sale\n\n(a) only identified goods can be sold except where there\n\nis a recognized market for a public sale of futures in goods of the\n\nkind; and\n\n(b) it must be made at a usual place or market for public\n\nsale if one is reasonably available and except in the case of goods\n\nwhich are perishable or threaten to decline in value speedily the\n\nseller must give the buyer reasonable notice of the time and place\n\nof the resale; and\n\n(c) if the goods are not to be within the view of those\n\nattending the sale the notification of sale must state the place\n\nwhere the goods are located and provide for their reasonable\n\ninspection by prospective bidders; and\n\n(d) the seller may buy.\n\n(5) A purchaser who buys in good faith at a resale takes the\n\ngoods free of any rights of the original buyer even though the\n\nseller fails to comply with one or more of the requirements of this\n\nsection.\n\n(6) The seller is not accountable to the buyer for any profit\n\nmade on any resale. A person in the position of a seller (Section\n\n2-707) or a buyer who has rightfully rejected or justifiably revoked\n\nacceptance must account for any excess over the amount of his\n\nsecurity interest, as hereinafter defined (subsection (3) of Section\n\n2-711).","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e7118eef16c98f0a2b42199058e8bfcc6e26f1cb2365a6e95cf0cf20417e66ec","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-2-705","next":"us-ok/okla.-stat.-tit.-12a-12a-2-707"},"notice":"GroundRules: Original legal text. Not legal advice."}