§9-1320. Buyer of goods
(1). Except as otherwise provided in subsection (5), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2). Except as otherwise provided in subsection (5), a buyer of goods from a person who used or bought the goods for use primarily for personal, family or household purposes takes free of a security interest, even if perfected, if the buyer buys:
(a). Without knowledge of the security interest; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). For value; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). Primarily for the buyer's personal, family or household purposes; and [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(d). Before the filing of a financing statement covering the goods. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3). To the extent that it affects the priority of a security interest over a buyer of goods under subsection (2), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by section 9‑1316, subsections (1) and (2).
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4). A buyer in ordinary course of business buying oil, gas or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5). Subsections (1) and (2) do not affect a security interest in goods in the possession of the secured party under section 9‑1313.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 3: PERFECTION AND PRIORITY
11 §9-1317. Interests that take priority over or take free of security interest or agricultural lien
11 §9-1319. Rights and title of consignee with respect to creditors and purchasers
11 §9-1321. Licensee of general intangible and lessee of goods in ordinary course of business
11 §9-1324. Priority of purchase-money security interests
11 §9-1324-A. Priority of production-money security interests and agricultural liens
11 §9-1325. Priority of security interests in transferred collateral
11 §9-1326. Priority of security interests created by new debtor
11 §9-1327. Priority of security interests in deposit account
11 §9-1328. Priority of security interests in investment property
11 §9-1329. Priority of security interests in letter-of-credit right
11 §9-1330. Priority of purchaser of chattel paper or instrument
11 §9-1332. Transfer of money; transfer of funds from deposit account
11 §9-1333. Priority of certain liens arising by operation of law
11 §9-1334. Priority of security interests in fixtures and crops
11 §9-1337. Priority of security interests in goods covered by certificate of title