West Virginia Code § 46-9-610

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. u
(c) Purchase by secured party. A secured party may purchase collateral:
(1) At a public disposition; or a
(2) At a private disposition only if the collateral is olf 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) of this section:
(1) In a manner that would be effective to disclaim or modify the warranties in a voluntary
disposition of proper ty 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) of this section 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 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.