Wisconsin Statutes
Wis. Stat. § 409.602 (2026)
Waiver and variance of rights and duties
✓ current as of July 2026
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409.602409.602 Waiver and variance of rights and duties. Except as otherwise provided in s. 409.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
409.602(1)(1) Section 409.207 (2) (d) 3., which deals with use and operation of the collateral by the secured party;
409.602(2)(2) Section 409.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
409.602(4)(4) Sections 409.608 (1) and 409.615 (3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
409.602(5)(5) Sections 409.608 (1) and 409.615 (4) to the extent that they require accounting for or payment of surplus proceeds of collateral;
409.602(6)(6) Section 409.609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
409.602(7)(7) Sections 409.610 (2), 409.611, 409.613, and 409.614, which deal with disposition of collateral;
409.602(8)(8) Section 409.615 (6), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;
409.602(9)(9) Section 409.616, which deals with explanation of the calculation of a surplus or deficiency;
409.602(10)(10) Sections 409.620, 409.621, and 409.622, which deal with acceptance of collateral in satisfaction of obligation;
409.602(13)(13) Sections 409.625 and 409.626, which deal with the secured party’s liability for failure to comply with this chapter.
409.602 AnnotationThe plain language of s. 401.102 (3) states, first, an exception that parties may vary the effect of the Uniform Commercial Code provisions by agreement and, second, an exception to the first exception that chs. 401 to 411 include provisions that certain rights may not be waived by contract. The subsections in this section are an exception to the exception defined in s. 401.102 (3), so the parties must abide by them. Kraenzler v. Brace, 2009 WI App 131, 321 Wis. 2d 265, 773 N.W.2d 481, 08-1709.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2009–2025 · leading case: Kraenzler v. Brace, 2009 WI App 131 (Wis. Ct. App. 2009).
Kraenzler v. Brace, 2009 WI App 131 (Wis. Ct. App. 2009). “Particularly, Kraenzler asserted that Brace violated Kraenzler's rights as a debtor in default under Wis. Stat. § 409.602 . This included Kraenzler's right to require a commercially reasonable sale of collateral and the other rights provided by § 409.”
Daniel Birge v. Simplicity Credit Union (Wis. Ct. App. 2025). “§ 409.602 (West 2025); see also Williams v.”
— Wis. Stat. § 409.602(2) — 1 case
Kraenzler v. Brace, 2009 WI App 131 (Wis. Ct. App. 2009). “Particularly, Kraenzler asserted that Brace violated Kraenzler's rights as a debtor in default under Wis. Stat. § 409.602 . This included Kraenzler's right to require a commercially reasonable sale of collateral and the other rights provided by § 409.”
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