Section 2-A-527. Lessor's Rights to Dispose of Goods  


Latest version.
  • (1)  After  a default by a lessee under the lease contract of the type
      described in Section 2-A-523(1) or 2-A-523(3)(a)  or  after  the  lessor
      refuses  to  deliver  or  takes  possession of goods (Section 2-A-525 or
      2-A-526), or, if agreed, after other default by a lessee, the lessor may
      dispose of the goods concerned or the  undelivered  balance  thereof  by
      lease, sale, or otherwise.
        (2) Except as otherwise provided with respect to damages liquidated in
      the  lease  agreement (Section 2-A-504) or otherwise determined pursuant
      to agreement of the parties (Sections  1-102(3)  and  2-A-503),  if  the
      disposition  is by lease agreement substantially similar to the original
      lease agreement and the new lease agreement is made in good faith and in
      a commercially reasonable manner, the lessor may recover from the lessee
      as  damages  (a)  accrued  and  unpaid  rent  as  of  the  date  of  the
      commencement  of  the  term  of the new lease agreement, (b) the present
      value, as of the same date, of the total rent  for  the  then  remaining
      lease  term  of the original lease agreement minus the present value, as
      of the same date, of the rent under the new lease  agreement  applicable
      to  that  period  of  the new lease term which is comparable to the then
      remaining lease term of  the  original  lease  agreement,  and  (c)  any
      incidental damages allowed under Section 2-A-530, less expenses saved in
      consequence of the lessee's default.
        (3)  If  the lessor's disposition is by lease agreement that qualifies
      for treatment under subsection (2), the  lessor  may  elect  to  proceed
      under  subsection (2) or Section 2-A-528. If the lessor's disposition is
      by lease agreement that for any reason does not  qualify  for  treatment
      under subsection (2), or is by sale or otherwise, the lessor may recover
      from  the  lessee  as  if  the  lessor had elected not to dispose of the
      goods.
        (4) A subsequent buyer or lessee who buys or leases from the lessor in
      good faith for value as a result of a  disposition  under  this  section
      takes  the  goods  free of the original lease contract and any rights of
      the original lessee even though the lessor fails to comply with  one  or
      more of the requirements of this Article.
        (5) The lessor is not accountable to the lessee for any profit made on
      any  disposition.  A  lessee  who has rightfully rejected or justifiably
      revoked acceptance shall account to the lessor for any excess  over  the
      amount of the lessee's security interest (Section 2-A-508(5)).