West Virginia Code § 46-2A-511

Merchant lessee's duties as to rightfully rejected goods
Open in Lexace · Ask the AI about this section
(1) Subject to any security interest of a lessee (section 2A-508(5)), if a lessor or a supplier
has no agent or place of business at the market of rejection, a merchant lessee, after
rejection of goods in his or her possession or control, shall follow any reasonable instructions
received from the lessor or the supplier with respect to the goods. In the absence of those
instructions, a merchant lessee shall make reasonable efforts to sell, lease, oer otherwise
dispose of the goods for the lessor's account if they threaten to decline in value speedily.
Instructions are not reasonable if on demand indemnity for expenses isr not forthcoming.
(2) If a merchant lessee (subsection (1)) or any other lessee (sectuion 2A-512) disposes of
goods, he or she is entitled to reimbursement either from the lessor or the supplier or out of
the proceeds for reasonable expenses of caring for and dispotsing of the goods and, if the
expenses include no disposition commission, to such commission as is usual in the trade, or
if there is none, to a reasonable sum not exceeding ten percent of the gross proceeds.
(3) In complying with this section or section 2A-512l, the lessee is held only to good faith.
Good faith conduct hereunder is neither accepstance or conversion nor the basis of an action
for damages.
(4) A purchaser who purchases in gogod faith from a lessee pursuant to this section or section
2A-512 takes the goods free of any rights of the lessor and the supplier even though the
lessee fails to comply with one or more of the requirements of this article.

‹ Prev All West Virginia 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.