Tex. Bus. & Com. Code § 9.610 · Subchapter F. DEFAULT
DISPOSITION OF COLLATERAL AFTER DEFAULT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
(b) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
(c) A secured party may purchase collateral:
(1) at a public disposition; or
(2) at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
(d) A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like that by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
(e) A secured party may disclaim or modify warranties under Subsection (d):
(1) in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or
(2) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(f) A record is sufficient to disclaim warranties under Subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.9.htm
- Text hash
- sha256 4f0326954762d82960dc7c422b7f4b03895c6a4d65f5102b9a37f729120e40da
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 12 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 9.610. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 9.406DISCHARGE OF ACCOUNT DEBTOR; NOTIFICATION OF ASSIGNMENT; IDENTIFICATION AND PROOF OF ASSIGNMENT; RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.408RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.602WAIVER AND VARIANCE OF RIGHTS AND DUTIES.Printed as Sections 9.610(b), 9.611, 9.613, and 9.614
- Tex. Bus. & Com. Code § 9.609SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.611NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.615APPLICATION OF PROCEEDS OF DISPOSITION; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.616EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.618RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.620ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION; COMPULSORY DISPOSITION OF COLLATERAL.Printed as Section 9.610
- Tex. Bus. & Com. Code § 9.623RIGHT TO REDEEM COLLATERAL.Printed as Section 9.610
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.