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 that 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.
Notes of Decisions
FL Receivables Trust 2002-A v. Arizona Mills, L.L.C., 281 P.3d 1028 (Ariz. Ct. App. 2012).
· cites it 8× “C, A.R.S. § 47-9610 (2005), it had the right to use, lease, license or otherwise dispose of the collateral, and that Mills interfered with that right by refusing to allow the Trust to engage in a commercially reasonable effort to market the property to find a new tenant.”
Dayka & Hackett, LLC v. Del Monte Fresh Produce, N.A., Inc., 269 P.3d 709 (Ariz. Ct. App. 2012).
· cites it 8× “§ 47-9404(A)(l), it did not engage in conversion because it had acted in accordance with A.R.S. §§ 47-9610 and 47-9615, and D & H had permitted it to sell the collateral without first having made a demand for possession.”
Shapiro (D. Ariz. 2026).
· cites it 10× “1 conduct under subsections (A) and (C) of § 47-9610, which governs the disposition of 2 collateral.”
Polite (D. Ariz. 2025).
“16 § 47-9610(A). Because Defendant still had a right in the vehicle until after final payment, 17 a bailment did not exist after the purported settlement agreement.”
— Ariz. Rev. Stat. § 47-9610(A) — 3 cases
FL Receivables Trust 2002-A v. Arizona Mills, L.L.C., 281 P.3d 1028 (Ariz. Ct. App. 2012).
“C, A.R.S. § 47-9610 (2005), it had the right to use, lease, license or otherwise dispose of the collateral, and that Mills interfered with that right by refusing to allow the Trust to engage in a commercially reasonable effort to market the property to find a new tenant.”
Shapiro (D. Ariz. 2026).
“1 conduct under subsections (A) and (C) of § 47-9610, which governs the disposition of 2 collateral.”
Polite (D. Ariz. 2025).
“16 § 47-9610(A). Because Defendant still had a right in the vehicle until after final payment, 17 a bailment did not exist after the purported settlement agreement.”
— Ariz. Rev. Stat. § 47-9610(B) — 2 cases
FL Receivables Trust 2002-A v. Arizona Mills, L.L.C., 281 P.3d 1028 (Ariz. Ct. App. 2012).
“C, A.R.S. § 47-9610 (2005), it had the right to use, lease, license or otherwise dispose of the collateral, and that Mills interfered with that right by refusing to allow the Trust to engage in a commercially reasonable effort to market the property to find a new tenant.”
Shapiro (D. Ariz. 2026).
“1 conduct under subsections (A) and (C) of § 47-9610, which governs the disposition of 2 collateral.”
— Ariz. Rev. Stat. § 47-9610(C) — 1 case
Shapiro (D. Ariz. 2026).
“1 conduct under subsections (A) and (C) of § 47-9610, which governs the disposition of 2 collateral.”
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