Public-domain · open source
OpenJurist

Ark. Code Ann. § 4-9-320

Buyer of goods

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Applied in 2 court decisions — leading case Fordyce Bank & Trust Co. v. Bean Timberland, Inc. (2007)

Most recently applied in 2016 Ark. App. 408 - Ford Motor Credit Co. v. First National Bank of Crossett (September 2016)

Acts 2001, No. 1439, § 1.

(1) 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.

(2) 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: without knowledge of the security interest;

(3) for value;

(4) primarily for the buyer's personal, family, or household purposes; and

(5) before the filing of a financing statement covering the goods.

(6) 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 § 4-9-316(a) and (b).

(7) 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.

(8) Subsections (a) and (b) do not affect a security interest in goods in the possession of the secured party under § 4-9-313.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.