Section 9--320. Buyer of Goods  


Latest version.
  • (a) Buyer in ordinary course of business. Except as otherwise provided
      in  subsection (e), 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.
        (b) Buyer  of  consumer  goods.  Except  as  otherwise   provided   in
      subsection  (e),  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:
             (1) without knowledge of the security interest;
             (2) for value;
             (3) primarily  for  the  buyer's  personal,  family, or household
                 purposes; and
             (4) before the filing  of  a  financing  statement  covering  the
                 goods.
        (c) Effectiveness  of filing for subsection (b). To the extent that it
      affects the priority of a security interest over a buyer of goods  under
      subsection  (b),  the  period  of  effectiveness of a filing made in the
      jurisdiction in which the seller  is  located  is  governed  by  Section   9--316(a) and (b).
        (d) Buyer  in  ordinary  course of business at wellhead or minehead. 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.
        (e) Possessory security interest not affected. Subsections (a) and (b)
      do not affect a security interest in goods  in  the  possession  of  the
      secured party under Section 9--313.