WVC 46 - 2 - 603
§46-2-603. Merchant buyer's duties as to rightfully rejected
(1) Subject to any security interest in the buyer
(subsection (3) of section 2-711) when the seller has no agent or
place of business at the market of rejection a merchant buyer is
under a duty after rejection of goods in his possession or
control to follow any reasonable instructions received from the
seller with respect to the goods and in the absence of such
instructions to make reasonable efforts to sell them for the
seller's account if they are perishable or threaten to decline in
value speedily. Instructions are not reasonable if on demand
indemnity for expenses is not forthcoming.
(2) When the buyer sells goods under subsection (1), he is
entitled to reimbursement from the seller or out of the proceeds
for reasonable expenses of caring for and selling them, and if
the expenses include no selling commission then to such
commission as is usual in the trade or if there is none to a
reasonable sum not exceeding ten percent on the gross proceeds.
(3) In complying with this section the buyer is held only to
good faith and good faith conduct hereunder is neither acceptance
nor conversion nor the basis of an action for damages.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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