Ohio § 1302.80

§ 1302.80.

(A) Under the conditions stated in section 1302.77 of the Revised Code 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 section 1302.84 of the Revised Code , but less expenses in consequences of the buyer's breach. (B) Except as otherwise provided in division (C) of this section 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. (C) Where the resale is at private sale the seller must give the buyer reasonable notification

of his intention to resell. (D) Where the resale is at public sale: (1) 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 (2) 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 (3) 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 (4) the seller may buy. (E) 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. (F) The seller is not accountable to the buyer for any profit made on any resale.  A person in the position of a seller, pursuant to section 1302.81 of the Revised Code , or a buyer who has rightfully rejected or justifiably revoked acceptance must account

for any excess over the amount of his security interest, as defined in division (C) of section 1302.85 of the Revised Code .