Find Laws Find Lawyers Free Legal Forms USA State Laws

HAWAII STATUTES AND CODES

§490:9-610 - Disposition of collateral after default.

     §490:9-610  Disposition of collateral after default.  (a)  After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.

     (b)  Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.  If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.

     (c)  A secured party may purchase collateral:

     (1)  At a public disposition; or

     (2)  At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.

     (d)  A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.

     (e)  A secured party may disclaim or modify warranties under subsection (d):

     (1)  In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or

     (2)  By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.

     (f)  A record is sufficient to disclaim warranties under subsection (e) if it indicates, "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import. [L 2000, c 241, pt of §1]

 

Hawaii Forms by Issue

Hawaii Consumer Forms
Hawaii Divorce Forms
Hawaii Family Forms
Hawaii Tax Forms

Hawaii Law

Hawaii State Laws
    > Hawaii Child Support
    > Hawaii Gun Laws
    > Hawaii Statutes
Hawaii State
    > Hawaii State Library
    > Hawaii Zip Code
Hawaii Tax
    > Hawaii State Tax
Hawaii Agencies
    > Hawaii DMV

Hawaii Court Map

Tips