West Virginia Code
Article 2. Sales
§46-2-706. Seller's Resale Including Contract for Resale

(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 expenses 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 contracts 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 the 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 case of goods which are perishable or threaten to decline in value speedily the seller must 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).

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 2. Sales

§46-2-101. Short Title

§46-2-102. Scope; Certain Security and Other Transactions Excluded From This Article

§46-2–103. Definitions and Index of Definitions

§46-2-104. Definitions: "merchant"; &Quot;between Merchants"; &Quot;financing Agency"

§46-2-105. Definitions: Transferability; "goods"; "future" Goods; "lot"; &Quot;commercial unit."

§46-2-106. Definitions: "Contract"; "agreement"; &Quot;contract for Sale"; "sale"; &Quot;present Sale"; "conforming" to Contract; "termination"; "cancellation."

§46-2-107. Goods to Be Severed From Realty: Recording

§46-2-201. Formal Requirements; Statute of Frauds

§46-2–202. Final Written Expression: Parol or Extrinsic Evidence

§46-2-203. Seals Inoperative

§46-2-204. Formation in General

§46-2-205. Firm Offers

§46-2-206. Offer and Acceptance in Formation of Contract

§46-2-207. Additional Terms in Acceptance or Confirmation

§46-2-209. Modification, Rescission and Waiver

§46-2-210. Delegation of Performance; Assignment of Rights

§46-2-301. General Obligations of Parties

§46-2-302. Unconscionable Contract or Clause

§46-2-303. Allocation or Division of Risks

§46-2-304. Price Payable in Money, Goods, Realty, or Otherwise

§46-2-305. Open Price Term

§46-2-306. Output, Requirements and Exclusive Dealings

§46-2-307. Delivery in Single Lot or Several Lots

§46-2-308. Absence of Specified Place for Delivery

§46-2-309. Absence of Specific Time Provisions; Notice of Termination

§46-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

§46-2-311. Options and Cooperation Respecting Performance

§46-2-312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

§46-2-313. Express Warranties by Affirmation, Promise, Description, Sample

§46-2-314. Implied Warranty: Merchantability; Usage of Trade

§46-2-315. Implied Warranty: Fitness for Particular Purpose

§46-2-316. Exclusion or Modification of Warranties

§46-2-317. Cumulation and Conflict of Warranties Express or Implied

§46-2-318. Third Party Beneficiaries of Warranties Express or Implied

§46-2-319. f.o.b. and f.a.s.terms

§46-2-320. c.i.f. and c.& f.terms

§46-2-321. c.i.f. or c.&f.: &Quot;net Landed Weights"; &Quot;payment on Arrival"; Warranty of Condition on Arrival

§46-2-322. Delivery &Quot;ex-ship."

§46-2-323. Form of Bill of Lading Required in Overseas Shipment, &Quot;overseas"

§46-2-324. &Quot;no Arrival, No Sale" Term

§46-2-325. &Quot;letter of Credit" Term; &Quot;confirmed credit."

§46-2-326. Sale on Approval and Sale or Return; Rights of Creditors

§46-2-327. Special Incidents of Sale on Approval and Sale or Return

§46-2-328. Sale by Auction

§46-2-401. Passing of Title; Reservation for Security; Limited Application of This Section

§46-2-402. Rights of Seller's Creditors Against Sold Goods

§46-2-403. Power to Transfer; Good Faith Purchase of Goods; "entrusting."

§46-2-501. Insurable Interest in Goods; Manner of Identification of Goods

§46-2-502. Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency

§46-2-503. Manner of Seller's Tender of Delivery

§46-2-504. Shipment by Seller

§46-2-505. Seller's Shipment Under Reservation

§46-2-506. Rights of Financing Agency

§46-2-507. Effect of Seller's Tender; Delivery on Condition

§46-2-508. Cure by Seller of Improper Tender or Delivery; Replacement

§46-2-509. Risk of Loss in the Absence of Breach

§46-2-510. Effect of Breach on Risk of Loss

§46-2-511. Tender of Payment by Buyer; Payment by Check

§46-2-512. Payment by Buyer Before Inspection

§46-2-513. Buyer's Right to Inspection of Goods

§46-2-514. When Documents Deliverable on Acceptance; When on Payment

§46-2-515. Preserving Evidence of Goods in Dispute

§46-2-601. Buyer's Rights on Improper Delivery

§46-2-602. Manner and Effect of Rightful Rejection

§46-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods

§46-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods

§46-2-605. Waiver of Buyer's Objections by Failure to Particularize

§46-2-606. What Constitutes Acceptance of Goods

§46-2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

§46-2-608. Revocation of Acceptance in Whole or in Part

§46-2-609. Right to Adequate Assurance of Performance

§46-2-610. Anticipatory Repudiation

§46-2-611. Retraction of Anticipatory Repudiation

§46-2-612. &Quot;installment Contract"; Breach

§46-2-613. Casualty to Identified Goods

§46-2-614. Substituted Performance

§46-2-615. Excuse by Failure of Presupposed Conditions

§46-2-616. Procedure on Notice Claiming Excuse

§46-2-701. Remedies for Breach of Collateral Contracts Not Impaired

§46-2-702. Seller's Remedies on Discovery of Buyer's Insolvency

§46-2-703. Seller's Remedies in General

§46-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

§46-2-705. Seller's Stoppage of Delivery in Transit or Otherwise

§46-2-706. Seller's Resale Including Contract for Resale

§46-2-707. &Quot;person in the Position of a seller."

§46-2-708. Seller's Damages for Nonacceptance or Repudiation

§46-2-709. Action for the Price

§46-2-710. Seller's Incidental Damages

§46-2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods

§46-2-712. "Cover"; Buyer's Procurement of Substitute Goods

§46-2-713. Buyer's Damages for Nondelivery or Repudiation

§46-2-714. Buyer's Damages for Breach in Regard to Accepted Goods

§46-2-715. Buyer's Incidental and Consequential Damages

§46-2-716. Buyer's Right to Specific Performance or Replevin

§46-2-717. Deduction of Damages From the Price

§46-2-718. Liquidation or Limitation of Damages; Deposits

§46-2-719. Contractual Modification or Limitation of Remedy

§46-2-720. Effect of "cancellation" or "rescission" on Claims for Antecedent Breach

§46-2-721. Remedies for Fraud

§46-2-722. Who Can Sue Third Parties for Injury to Goods

§46-2-723. Proof of Market Price: Time and Place

§46-2-724. Admissibility of Market Quotations

§46-2-725. Statute of Limitations in Contracts for Sale