355.2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under the lease contract of the type described in KRS 355.2A-523(1) or 355.2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (KRS 355.2A-525 or 355.2A-526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided with respect to damages liquidated in the lease agreement (KRS 355.2A-504) or otherwise determined pursuant to agreement of the parties (KRS 355.1-302 and 355.2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages: (a) Accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement; (b) The present value, as of the same date of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement; and (c) Any incidental damages allowed under KRS 355.2A-530, less expenses saved in consequence of the lessee's default. (3) If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2) of this section, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and KRS 355.2A-528 governs. (4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one (1) or more of the requirements of this article. (5) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (subsection (5) of KRS 355.2A-508). Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 242, sec. 31, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 116, sec. 20, effective January 1, 1993 -- Created 1990 Ky. Acts ch. 363, sec. 74, effective January 1, 1991.