all right whenever you're ready couns vandalism would be repaired and that's the facts so the question is what steps were going to market it while it was in the dams condition it back that was damaged dissuade other buyers that it wanted to buy the aircraft there's no dispute the aircraft sold the low price we believe that low prices because it was damaged you know they were they could not fly and that's where the buyers were interested and so the standard that the court should be applied is set out in section six twenty seven out something that shows that the district court was not justified in making the decision that it was commercially reasonable what evidence did you put forward that it was not a commercial a reasonable sale ok sure there is evidence the record that mark alba contact the dealer about buying a property that they turned him away because it was not a condition that was ready to be sold so selling aircraft yes and the district court found that if you well it's his self serving afaik david and i did not provide any proof about commercial dealings and it was nearly his opinion against who that this sale was commercially reasonable and that's i but again it isn't the radios did you think there was an obligation to commercial results unit is and that duty i mark out is going to raise the issue as language of the statue so we believe that he raised the issue and by the issue you have friend who whether they should have replaced reasonable yes you are if you look at official comment three to section six twenty two that fish will come explains the process to be followed here and that's the air we believe that the court made the court look for evidence but there's a case in point that i can i can send a letter impact on the price realized from the sale so harley davidson has the burden of proving what the senate is the need to be compliance that standard so every deficiency judgment case will have arguments about price just logically there has to be something more we agree that in the morning this case is that the aircraft was vandalized and it was not repaired there's no evidence there was advertised that it would be repaired as part of the sale we just don't know the surrounding facts what happened we don't know how it's take it have a damaged not fix it and sell it beef a year before it was repossessed your report was you want to sell and he agreed to list it with this particular dealer with this particular third party dealer not only did he agree to list it with his good deal or they agreed to list it with his deal with the understanding that he would only receive that he probably would only get about one hundred eighty thousand dollars worth which is only a little bit more than what was openly obtained and even then it was with the understanding that that one hundred thousand dollars was only if the aircraft was in good condition of course the aircraft wasn't repaired before the sale and it was sold with the radio missing but with a promise to replace it and then he says he raised an issue as to whether that's the commercially reasonable way to sell applying and he says it's commercially reasonable radios before the sale  so i don't see how the dealer's actions can be trivial necessarily to heart it's a credit for second of all is this a particular issue because the way that you see is structured it leaves out that creditors are are supposed to be would go to a dealer and i would get enough there from a dealer saying that this is how the dealer would handle it and here we have a situation where that's exactly you know the dealer was the one who did it so you know it doesn't make much sense in the u c c to require davidsons go to get another dealer and explain how the first dealer that used to act reasonably that's that's not a burden that you see puts on i'm a credit in fact that's the whole point of this requirement so i think you back to where you started who traditionally think when i hear you saying that once you went at a reputable commercial dealer you had fully discharged and you had to show the sale was reasonable no matter what the dealer and that's why he's i think that's that's correct order but i would also add that that's not the only thing we have here we have the fact i think this should really be  positive is that ultimately when it was sold the sale price was pretty much exactly what mr galvin had had been told to expect before the vandalism so that i think is very strong evidence i thought it was one eighty five  however mr governor wasn't just told that that one hundred eighty thousand dollars was the be all and end all he was told he did to expect lower if the aircraft was in damage condition and think it's necessarily material because again he made it very clear you know under the you know with an aircraft with this mileage or so with this with this amount of time on really mr gallon is saying that the repairs were supposed to meet at some future date that's not true the repairs were supposed to be made before the closing on the aircraft sale so it was very clear that that those  improved the price that harley davidson ultimately would have received here of especially when you consider that top of all that another year had passed and so you know aircraft appreciate  understanding is there any evidence that that's a commercially unreasonable practice you know you're i there's no evidence whatsoever that that's unreasonable and you know it's frankly i think it's hard to see how buyers were scared off so anything on the record as to that your brother says there's nothing in the record there's nothing in the record as to whether any buyers were scared off and i don't know of anything the record to suggest that it was marketed as being as having been take off so they did their specs and they could buy the plane they could take off which again would limit their ability to negotiate a fair price and that's really the point we're getting that not what the end product was but what the value was in a go she had the price to sell the aircraft and i believe there's also be between the deficiency and the price that was first quoted may still exist and i don't know whether that's true or not urge you to talk to your clients quickly are clerk's office will contact you to see if you want to take in vanity or to take another opportunity to take advantage of our mediation program before we do too much more work on this case but you'll have to decide very quickly