NRS 104.9627
Determination of whether conduct was commercially reasonable.


1.

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.

2.

A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(a)

In the usual manner on any recognized market;

(b)

At the price current in any recognized market at the time of the disposition; or

(c)

Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

3.

A collection, enforcement, disposition or acceptance is commercially reasonable if it has been approved:

(a)

In a judicial proceeding;

(b)

By a genuine creditors’ committee;

(c)

By a representative of creditors; or

(d)

By an assignee for the benefit of creditors.

4.

Approval under subsection 3 need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition or acceptance is not commercially reasonable.

Source: Section 104.9627 — Determination of whether conduct was commercially reasonable., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9627.

104.9601
Rights after default
104.9602
Waiver and variance of rights and duties of debtor and obligor.
104.9603
Agreement on standards concerning rights and duties of parties.
104.9604
Procedure if security agreement covers real property or fixtures.
104.9605
Duty to unknown debtor or secondary obligor.
104.9606
Time of default for agricultural lien.
104.9607
Collection and enforcement by secured party.
104.9608
Application of proceeds of collection or enforcement
104.9609
Secured party’s right to take possession or dispose of collateral after default.
104.9610
Disposition of collateral after default.
104.9611
Notification before disposition of collateral.
104.9612
Timeliness of notification before disposition of collateral.
104.9613
Contents and form of notification before disposition of collateral: General.
104.9614
Contents and form of notification before disposition of collateral: Consumer-goods transaction.
104.9615
Application of proceeds of disposition
104.9616
Explanation of calculation of surplus or deficiency.
104.9617
Effect of disposition of collateral by secured party after default
104.9618
Rights and duties of certain secondary obligors.
104.9619
Transfer of record or legal title.
104.9620
Acceptance of collateral in full or partial satisfaction of obligation
104.9621
Notification of proposal to accept collateral in satisfaction of obligation.
104.9622
Effect of acceptance of collateral in satisfaction of obligation.
104.9623
Redemption of collateral.
104.9624
Waiver of right to notification of disposition of collateral
104.9625
Remedies for secured party’s failure to comply with article.
104.9626
Action in which deficiency or surplus is in issue.
104.9627
Determination of whether conduct was commercially reasonable.
104.9628
Nonliability and limitation on liability of secured party
Last Updated

Jun. 24, 2021

§ 104.9627’s source at nv​.us