{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-706.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-706.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-706.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-706.html"}],"law_id":66214,"edition_id":1,"section_id":66214,"structure_id":14714,"section_number":"8.2-706","catch_line":"Seller’s resale including contract for resale","history":"1964, c. 219.","full_text":"1\n\nUnder the conditions stated in § 8.2-703 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 title (§ 8.2-710), but less expenses saved in consequence of the buyer’s breach.2\n\nExcept as otherwise provided in subsection (3) 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.3\n\nWhere the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.4\n\nWhere the resale is at public salea\n\nonly identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; andb\n\nit 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; andc\n\nif 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; andd\n\nthe seller may buy.5\n\nA 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 section.6\n\nThe seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ 8.2-707) 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 § 8.2-711).","order_by":null,"text":{"0":{"id":240495,"text":"Under the conditions stated in § 8.2-703 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 title (§ 8.2-710), but less expenses saved in consequence of the buyer’s breach.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":240496,"text":"Except as otherwise provided in subsection (3) 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":240497,"text":"Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":240498,"text":"Where the resale is at public sale","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4a"},"4":{"id":240499,"text":"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","type":"section","prefixes":["4","a"],"prefix":"a","entire_prefix":"4a","prefix_anchor":"4a","level":2,"prior_prefix":"4","next_prefix":"4b"},"5":{"id":240500,"text":"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","type":"section","prefixes":["4","b"],"prefix":"b","entire_prefix":"4b","prefix_anchor":"4b","level":2,"prior_prefix":"4a","next_prefix":"4c"},"6":{"id":240501,"text":"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","type":"section","prefixes":["4","c"],"prefix":"c","entire_prefix":"4c","prefix_anchor":"4c","level":2,"prior_prefix":"4b","next_prefix":"4d"},"7":{"id":240502,"text":"the seller may buy.","type":"section","prefixes":["4","d"],"prefix":"d","entire_prefix":"4d","prefix_anchor":"4d","level":2,"prior_prefix":"4c","next_prefix":"5"},"8":{"id":240503,"text":"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 section.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4d","next_prefix":"6"},"9":{"id":240504,"text":"The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ 8.2-707) 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 § 8.2-711).","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":14714,"edition_id":1,"name":"Remedies","identifier":"7","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:49:27","date_modified":"2026-06-26 03:49:27","permalink":{"id":282265,"object_type":"structure","relational_id":14714,"identifier":"7","token":"8.2\/7","url":"\/8.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85835,"structure_id":14714,"section_number":"8.2-701","catch_line":"Remedies for breach of collateral contracts not impaired","url":"\/8.2-701\/","token":"8.2\/7\/8.2-701","metadata":false},{"id":69584,"structure_id":14714,"section_number":"8.2-702","catch_line":"Seller's remedies on discovery of buyer's insolvency","url":"\/8.2-702\/","token":"8.2\/7\/8.2-702","metadata":false},{"id":78574,"structure_id":14714,"section_number":"8.2-703","catch_line":"Seller's remedies in general","url":"\/8.2-703\/","token":"8.2\/7\/8.2-703","metadata":false},{"id":83665,"structure_id":14714,"section_number":"8.2-704","catch_line":"Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods","url":"\/8.2-704\/","token":"8.2\/7\/8.2-704","metadata":false},{"id":87075,"structure_id":14714,"section_number":"8.2-705","catch_line":"Seller's stoppage of delivery in transit or otherwise","url":"\/8.2-705\/","token":"8.2\/7\/8.2-705","metadata":false},{"id":66214,"structure_id":14714,"section_number":"8.2-706","catch_line":"Seller's resale including contract for resale","url":"\/8.2-706\/","token":"8.2\/7\/8.2-706","metadata":false},{"id":76676,"structure_id":14714,"section_number":"8.2-707","catch_line":"\"Person in the position of a seller.\"","url":"\/8.2-707\/","token":"8.2\/7\/8.2-707","metadata":false},{"id":84104,"structure_id":14714,"section_number":"8.2-708","catch_line":"Seller's damages for nonacceptance or repudiation","url":"\/8.2-708\/","token":"8.2\/7\/8.2-708","metadata":false},{"id":69334,"structure_id":14714,"section_number":"8.2-709","catch_line":"Action for the price","url":"\/8.2-709\/","token":"8.2\/7\/8.2-709","metadata":false},{"id":77135,"structure_id":14714,"section_number":"8.2-710","catch_line":"Seller's incidental damages","url":"\/8.2-710\/","token":"8.2\/7\/8.2-710","metadata":false},{"id":71698,"structure_id":14714,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","url":"\/8.2-711\/","token":"8.2\/7\/8.2-711","metadata":false},{"id":76129,"structure_id":14714,"section_number":"8.2-712","catch_line":"\"Cover\"; buyer's procurement of substitute goods","url":"\/8.2-712\/","token":"8.2\/7\/8.2-712","metadata":false},{"id":66860,"structure_id":14714,"section_number":"8.2-713","catch_line":"Buyer's damages for nondelivery or repudiation","url":"\/8.2-713\/","token":"8.2\/7\/8.2-713","metadata":false},{"id":56369,"structure_id":14714,"section_number":"8.2-714","catch_line":"Buyer's damages for breach in regard to accepted goods","url":"\/8.2-714\/","token":"8.2\/7\/8.2-714","metadata":false},{"id":62991,"structure_id":14714,"section_number":"8.2-715","catch_line":"Buyer's incidental and consequential damages","url":"\/8.2-715\/","token":"8.2\/7\/8.2-715","metadata":false},{"id":83382,"structure_id":14714,"section_number":"8.2-716","catch_line":"Buyer's right to specific performance or detinue","url":"\/8.2-716\/","token":"8.2\/7\/8.2-716","metadata":false},{"id":82961,"structure_id":14714,"section_number":"8.2-717","catch_line":"Deduction of damages from the price","url":"\/8.2-717\/","token":"8.2\/7\/8.2-717","metadata":false},{"id":65551,"structure_id":14714,"section_number":"8.2-718","catch_line":"Liquidation or limitation of damages; deposits","url":"\/8.2-718\/","token":"8.2\/7\/8.2-718","metadata":false},{"id":76593,"structure_id":14714,"section_number":"8.2-719","catch_line":"Contractual modification or limitation of remedy","url":"\/8.2-719\/","token":"8.2\/7\/8.2-719","metadata":false},{"id":57861,"structure_id":14714,"section_number":"8.2-720","catch_line":"Effect of \"cancellation\" or \"rescission\" on claims for antecedent breach","url":"\/8.2-720\/","token":"8.2\/7\/8.2-720","metadata":false},{"id":70494,"structure_id":14714,"section_number":"8.2-721","catch_line":"Remedies for fraud","url":"\/8.2-721\/","token":"8.2\/7\/8.2-721","metadata":false},{"id":73811,"structure_id":14714,"section_number":"8.2-722","catch_line":"Who can sue third parties for injury to goods","url":"\/8.2-722\/","token":"8.2\/7\/8.2-722","metadata":false},{"id":84785,"structure_id":14714,"section_number":"8.2-723","catch_line":"Proof of market price; time and place","url":"\/8.2-723\/","token":"8.2\/7\/8.2-723","metadata":false},{"id":71937,"structure_id":14714,"section_number":"8.2-724","catch_line":"Admissibility of market quotations (subdivision (17) of Supreme Court Rule 2:803 derived from this section)","url":"\/8.2-724\/","token":"8.2\/7\/8.2-724","metadata":false},{"id":73642,"structure_id":14714,"section_number":"8.2-725","catch_line":"Statute of limitations in contracts for sale","url":"\/8.2-725\/","token":"8.2\/7\/8.2-725","metadata":false}],"previous_section":{"id":87075,"structure_id":14714,"section_number":"8.2-705","catch_line":"Seller's stoppage of delivery in transit or otherwise","url":"\/8.2-705\/","token":"8.2\/7\/8.2-705","metadata":false},"next_section":{"id":76676,"structure_id":14714,"section_number":"8.2-707","catch_line":"\"Person in the position of a seller.\"","url":"\/8.2-707\/","token":"8.2\/7\/8.2-707","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-706\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":78574,"section_number":"8.2-703","catch_line":"Seller's remedies in general","order_by":null,"url":"\/8.2-703\/"},{"id":76676,"section_number":"8.2-707","catch_line":"\"Person in the position of a seller.\"","order_by":null,"url":"\/8.2-707\/"},{"id":71698,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","order_by":null,"url":"\/8.2-711\/"},{"id":65551,"section_number":"8.2-718","catch_line":"Liquidation or limitation of damages; deposits","order_by":null,"url":"\/8.2-718\/"}],"refers_to":[{"id":78574,"section_number":"8.2-703","catch_line":"Seller's remedies in general","order_by":null,"url":"\/8.2-703\/"},{"id":76676,"section_number":"8.2-707","catch_line":"\"Person in the position of a seller.\"","order_by":null,"url":"\/8.2-707\/"},{"id":77135,"section_number":"8.2-710","catch_line":"Seller's incidental damages","order_by":null,"url":"\/8.2-710\/"},{"id":71698,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","order_by":null,"url":"\/8.2-711\/"}],"permalink":{"id":282287,"object_type":"law","relational_id":66214,"identifier":"8.2-706","token":"8.2\/7\/8.2-706","url":"\/8.2-706\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-706\/","token":"8.2\/7\/8.2-706","dublin_core":{"Title":"Seller’s resale including contract for resale","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-706","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Under the conditions stated in § 8.2-703<\/a> 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<\/span> price together with any incidental damages<\/span> allowed under the provisions of this title (§ 8.2-710<\/a>), but less expenses saved in consequence of the buyer’s breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts<\/span> to sell or of identification to an existing contract<\/span> 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<\/span>, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract<\/span> before the breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Where the resale is at public sale <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> the seller may buy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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 section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ 8.2-707<\/a>) 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 § 8.2-711<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSELLER’S RESALE INCLUDING CONTRACT FOR RESALE (\u00a7 8.2-706)\n\n1. Under the conditions stated in § 8.2-703 on seller’s remedies, the\nseller may resell the goods concerned or the undelivered balance thereof. Where\nthe resale is made in good faith and in a commercially reasonable manner the\nseller may recover the difference between the resale price and the contract\nprice together with any incidental damages allowed under the provisions of this\ntitle (§ 8.2-710), but less expenses saved in consequence of the\nbuyer’s breach.\n\n2. Except as otherwise provided in subsection (3) or unless otherwise agreed\nresale may be at public or private sale including sale by way of one or more\ncontracts to sell or of identification to an existing contract of the seller.\nSale may be as a unit or in parcels and at any time and place and on any terms\nbut every aspect of the sale including the method, manner, time, place and terms\nmust be commercially reasonable. The resale must be reasonably identified as\nreferring to the broken contract, but it is not necessary that the goods be in\nexistence or that any or all of them have been identified to the contract before\nthe breach.\n\n3. Where the resale is at private sale the seller must give the buyer reasonable\nnotification of his intention to resell.\n\n4. Where the resale is at public sale\n\n a. only identified goods can be sold except where there is a recognized market\n for a public sale of futures in goods of the kind; and\n\n b. it must be made at a usual place or market for public sale if one is\n reasonably available and except in the case of goods which are perishable or\n threaten to decline in value speedily the seller must give the buyer\n reasonable notice of the time and place of the resale; and\n\n c. if the goods are not to be within the view of those attending the sale the\n notification of sale must state the place where the goods are located and\n provide for their reasonable inspection by prospective bidders; and\n\n d. the seller may buy.\n\n5. A purchaser who buys in good faith at a resale takes the goods free of any\nrights of the original buyer even though the seller fails to comply with one or\nmore of the requirements of this section.\n\n6. The seller is not accountable to the buyer for any profit made on any resale.\nA person in the position of a seller (§ 8.2-707) or a buyer who has\nrightfully rejected or justifiably revoked acceptance must account for any\nexcess over the amount of his security interest, as hereinafter defined\n(subsection (3) of § 8.2-711).\n\nHISTORY: 1964, c. 219.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}