Wisconsin Statutes
Wis. Stat. § 402.706 (2026)
Seller’s resale including contract for resale
✓ current as of July 2026
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402.706(1)(1) Under the conditions stated in s. 402.703 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 s. 402.710, but less expenses saved in consequence of the buyer’s breach.
402.706(2)(2) Except as otherwise provided in sub. (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.
402.706(3)(3) Where the resale is at private sale the seller must give the buyer reasonable notification of the seller’s intention to resell.
402.706(4)(a)(a) 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
402.706(4)(b)(b) 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
402.706(4)(c)(c) 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
402.706(5)(5) 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.
402.706(6)(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (s. 402.707) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of that person’s security interest, as defined in s. 402.711 (3).
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1980–2022 · leading case: Livesey Enter. v. Smith Mgmt., Inc. (In Re Smith Mgmt., Inc.), 8 B.R. 346 (Bankr. W.D. Wis. 1980).
Livesey Enter. v. Smith Mgmt., Inc. (In Re Smith Mgmt., Inc.), 8 B.R. 346 (Bankr. W.D. Wis. 1980). “703) is set out at Wis.Stat. § 402.706, which states: (1) Under the conditions stated in s.”
Afram Exp. Corp., a Wisconsin Corp. v. Metallurgiki Halyps, S.A., a Foreign Corp., 772 F.2d 1358 (7th Cir. 1985). “UCC § 2-706(1), Wis.Stat. § 402.706(1). The question may seem less than earthshaking since the June 15 sale price and the September sale price which the district court used as the cover price for the remaining third were only 25$ per ton apart.”
Head & Seemann, Inc. v. Gregg, 311 N.W.2d 667 (Wis. Ct. App. 1981). “See sec. 402.706, Stats. The instant plaintiff does not seek the benefit of the bargain or any other elements of contract damage.”
Afram Exp. Corp. v. Metallurgiki Halyps, S.A., 592 F. Supp. 446 (E.D. Wis. 1984). “In this connection, it is noted that section 402.706(3) requires that “where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.”
Auto-Owners Ins. Co. v. Makita USA, Inc. (W.D. Wis. 2022). “In so holding, the court reasoned that Auto-Owners sent the notice on behalf of its insured, Christopher Richmond, who was the buyer of the Makita drill, rejecting defendant’s argument that § 402.706(3)(a) requires the buyer himself to provide such notice.”
Auto-Owners Ins. Co. v. Makita USA, Inc. (W.D. Wis. 2021). “Finally, defendant seeks summary judgment on plaintiff’s breach of warranty claim on the basis that the buyer of the Makita drill, plaintiff’s insureds, the Richmonds, failed to provide notice as required under Wis. Stat. § 402.706 (3)(a). However, there is no dispute that…”
Wis. Stat. § 402.706(1): 1 case
Afram Exp. Corp., a Wisconsin Corp. v. Metallurgiki Halyps, S.A., a Foreign Corp., 772 F.2d 1358 (7th Cir. 1985). “UCC § 2-706(1), Wis.Stat. § 402.706(1). The question may seem less than earthshaking since the June 15 sale price and the September sale price which the district court used as the cover price for the remaining third were only 25$ per ton apart.”
Wis. Stat. § 402.706(3): 1 case
Afram Exp. Corp. v. Metallurgiki Halyps, S.A., 592 F. Supp. 446 (E.D. Wis. 1984). “In this connection, it is noted that section 402.706(3) requires that “where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.”
Wis. Stat. § 402.706(3)(a): 2 cases
Auto-Owners Ins. Co. v. Makita USA, Inc. (W.D. Wis. 2022). “In so holding, the court reasoned that Auto-Owners sent the notice on behalf of its insured, Christopher Richmond, who was the buyer of the Makita drill, rejecting defendant’s argument that § 402.706(3)(a) requires the buyer himself to provide such notice.”
Auto-Owners Ins. Co. v. Makita USA, Inc. (W.D. Wis. 2021). “Finally, defendant seeks summary judgment on plaintiff’s breach of warranty claim on the basis that the buyer of the Makita drill, plaintiff’s insureds, the Richmonds, failed to provide notice as required under Wis. Stat. § 402.706 (3)(a). However, there is no dispute that…”
Wis. Stat. § 402.706(4)(a): 1 case
Afram Exp. Corp. v. Metallurgiki Halyps, S.A., 592 F. Supp. 446 (E.D. Wis. 1984). “In this connection, it is noted that section 402.706(3) requires that “where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.”
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