GA Code § 11-2-706 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-706. Seller's Resale Including Contract for Resale

  Under the conditions stated in Code Section 11-2-703 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 (Code Section 11-2-710), but less expenses saved in consequence of the buyer's breach.   Except as otherwise provided in subsection (3) of this Code section 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.   Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.   Where the resale is at public sale:     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   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   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   The seller may buy.    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 Code section.   The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (Code Section 11-2-707) 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 Code Section 11-2-711).   (Code 1933, § 109A-2 - 706, enacted by Ga. L. 1962, p. 156, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 7 Am. Jur. 2d, Auctions and Auctioneers, § 60. 22 Am. Jur. 2d, Damages, § 509. 67A Am. Jur. 2d, Sales, §§ 1081-1104.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:681.   C.J.S.   - 77A C.J.S., Sales, § 326.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-706.   ALR.    - Expense of caring for personal property prior to its resale upon failure of sale contract, 29 A.L.R. 61.    Rights and remedies upon cancelation of sales agency, 32 A.L.R. 209; 52 A.L.R. 546; 89 A.L.R. 252.    Measure of damages for buyer's repudiation of or failure to accept goods under executory contract, 44 A.L.R. 215; 108 A.L.R. 1482.    Measure of seller's damages under executory contract as affected by his resale of the property, 119 A.L.R. 1141.   Resale of goods under UCC § 2-706, 101 A.L.R.5th 563.