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This entry was published on 2014-09-22
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SECTION 9-320
Buyer of Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 3, SUBPART 3
Section 9--320. Buyer of Goods.

(a) Buyer in ordinary course of business. Except as otherwise provided
in subsection (e), a buyer in ordinary course of business, other than a
person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if
the security interest is perfected and the buyer knows of its existence.

(b) Buyer of consumer goods. Except as otherwise provided in
subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes
takes free of a security interest, even if perfected, if the buyer buys:

(1) without knowledge of the security interest;

(2) for value;

(3) primarily for the buyer's personal, family, or household

purposes; and

(4) before the filing of a financing statement covering the

goods.

(c) Effectiveness of filing for subsection (b). To the extent that it
affects the priority of a security interest over a buyer of goods under
subsection (b), the period of effectiveness of a filing made in the
jurisdiction in which the seller is located is governed by Section
9--316(a) and (b).

(d) Buyer in ordinary course of business at wellhead or minehead. A
buyer in ordinary course of business buying oil, gas, or other minerals
at the wellhead or minehead or after extraction takes free of an
interest arising out of an encumbrance.

(e) Possessory security interest not affected. Subsections (a) and (b)
do not affect a security interest in goods in the possession of the
secured party under Section 9--313.