Wisconsin Statutes

Wis. Stat. § 409.627 (2026)

Determination of whether conduct was commercially reasonable

✓ current as of July 2026

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409.627409.627 Determination of whether conduct was commercially reasonable.

409.627(1)(1) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.

409.627(2)(2) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

409.627(2)(a)(a) In the usual manner on any recognized market;

409.627(2)(b)(b) At the price current in any recognized market at the time of the disposition; or

409.627(2)(c)(c) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

409.627(3)(3) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:

409.627(3)(a)(a) In a judicial proceeding;

409.627(3)(b)(b) By a bona fide creditors’ committee;

409.627(3)(c)(c) By a representative of creditors; or

409.627(3)(d)(d) By an assignee for the benefit of creditors.

409.627(4)(4) Approval under sub. (3) not necessary; absence of approval has no effect. Approval under sub. (3) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.

409.627 HistoryHistory: 2001 a. 10.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2008–2025 · leading case: Cook v. Pub. Storage, Inc., 2008 WI App 155 (Wis. Ct. App. 2008).

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Cook v. Pub. Storage, Inc., 2008 WI App 155 (Wis. Ct. App. 2008). · cites it 8× “" Public Storage proposed that the jury be instructed based on the standard in Wis. Stat. § 409.627 (2), which provides that a sale under Wis.”

Hanson, Randy v. Santander Consum. USA, Inc. (W.D. Wis. 2025). · cites it 6× “” Specifically, under Wis. Stat. § 409.627 (2), the disposition of collateral is commercially reasonable if done: “(a) [i]n the usual manner on any recognized market; (b) [a]t the price current in any recognized market at the time of the disposition; or (c) [o]therwise in…”

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