Kansas Statutes Annotated

K.S.A. § 84-9-610 (2026)

Disposition of collateral after default

✓ current as of May 2026

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84-9-610. Disposition of collateral after default. (a) Disposition after default. 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) Commercially reasonable disposition. 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.

(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) Warranties on disposition. 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) Disclaimer of warranties. 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) Record sufficient to disclaim warranties. 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.

History: L. 2000, ch. 142, § 108; July 1, 2001.

Notes of Decisions

Cited in 3 cases, 2004–2015 · leading case: Ross v. Rothstein, 92 F. Supp. 3d 1041 (D. Kan. 2015).

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Ross v. Rothstein, 92 F. Supp. 3d 1041 (D. Kan. 2015). · cites it 8× “283 at 26-28) Second, Judge James determined that defendant had established as a matter of law that his disposition of the collateral was commercially reasonable as K.S.A. §§ 84-9-610 and 84-9-627 require. (Id.”

Estis v. Credit Union of Johnson Cnty. (In Re Estis), 311 B.R. 592 (Bankr. D. Kan. 2004). · cites it 2× “” 28 In addition, K.S.A. § 84-9-610(c), captioned “Purchase by secured party,” provides that a secured party may “purchase collateral” under certain circumstances after default.”

Kuhn v. Wagnon (In Re Kuhn), 408 B.R. 528 (Bankr. D. Kan. 2009). · cites it 2× “ty interest to secure a debt arising from a sale of goods or services or a combined sale of goods and services and the cash price of the sale was $1,000 or less, the buyer is not personally liable to the seller for the unpaid balance of the debt arising from the sale, and the…”

— K.S.A. § 84-9-610(c) — 1 case

Estis v. Credit Union of Johnson Cnty. (In Re Estis), 311 B.R. 592 (Bankr. D. Kan. 2004). “” 28 In addition, K.S.A. § 84-9-610(c), captioned “Purchase by secured party,” provides that a secured party may “purchase collateral” under certain circumstances after default.”

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