Delaware Code § 6-9-610

Disposition of collateral after default
Open in Lexace · Ask the AI about this section
(a) Disposition after default. — 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) Commercially reasonable disposition. — 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) Purchase by secured party. — 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) Warranties on disposition. — 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) Disclaimer of warranties. — A secured party may disclaim or modify warranties under subsection (d):
(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) Record sufficient to disclaim warranties. — A record is sufficient to disclaim warranties under subsection (e) 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.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.