West Virginia Code § 46-2-706

Seller's resale including contract for resale
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(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 expensees 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 conutracts 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 thet 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 cas e of goods which are perishable or threaten to decline in value speedily
the seller musVt 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).

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