(1) 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.
(2) 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.
(3) A secured party may purchase collateral:
(a) At a public disposition; or
(b) 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.
(4) 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.
(5) A secured party may disclaim or modify warranties under subsection (4):
(a) 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
(b) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(6) A record is sufficient to disclaim warranties under subsection (5) if it indicates that “there is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition” or uses words of similar import.
History.—s. 7, ch. 2001-198.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 679 - Uniform Commercial Code: Secured Transactions
Part VI - Default (Ss. 679.601-679.628)
679.602 - Waiver and variance of rights and duties.
679.603 - Agreement on standards concerning rights and duties.
679.604 - Procedure if security agreement covers real property or fixtures.
679.605 - Unknown debtor or secondary obligor.
679.606 - Time of default for agricultural lien.
679.607 - Collection and enforcement by secured party.
679.609 - Secured party’s right to take possession after default.
679.610 - Disposition of collateral after default.
679.611 - Notification before disposition of collateral.
679.612 - Timeliness of notification before disposition of collateral.
679.613 - Contents and form of notification before disposition of collateral; general.
679.615 - Application of proceeds of disposition; liability for deficiency and right to surplus.
679.616 - Explanation of calculation of surplus or deficiency.
679.617 - Rights of transferee of collateral.
679.618 - Rights and duties of certain secondary obligors.
679.619 - Transfer of record or legal title.
679.621 - Notification of proposal to accept collateral.
679.622 - Effect of acceptance of collateral.
679.623 - Right to redeem collateral.
679.625 - Remedies for failure to comply with article.
679.626 - Action in which deficiency or surplus is in issue.
679.627 - Determination of whether conduct was commercially reasonable.
679.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.