(e)__If a deficiency or surplus is calculated under section 9-1615, subsection (6), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party or a secondary obligor would have brought.

(2)__The limitation of the rules in subsection (1) to transactions other than consumer transactions is intended to leave to the court the determination of the proper rules in consumer transactions.__The court may not infer from that limitation the nature of the proper rule in consumer transactions and may continue to apply established approaches.

Official Comment

1. Source. New.

2. Scope. The basic damage remedy under Section 9-625(b) [Maine cite section 9-1625, subsection (2)] is subject to the special rules in this section for transactions other than consumer transactions. This section addresses situations in which the amount of a deficiency or surplus is in issue, i.e., situations in which the secured party has collected, enforced, disposed of, or accepted the collateral. It contains special rules applicable to a determination of the amount of a deficiency or surplus. Because this section affects a person's liability for a deficiency, it is subject to Section 9-628 [Maine cite section 9-1628], which should be read in conjunction with Section 9-605 [Maine cite section 9-1605]. The rules in this section apply only to noncompliance in connection with the "collection, enforcement, disposition, or acceptance" under Part 6. For other types of noncompliance with Part 6, the general liability rule of Section 9-625(b) [Maine cite section 9-1625, subsection (2)]- recovery of actual damages-applies. Consider, for example, a repossession that does not comply with Section 9-609 [Maine cite section 9-1609] for want of a default. The debtor's remedy is under Section 9-625(b) [Maine cite section 9-1625, subsection (2)]. In a proper case, the secured party also may be liable for conversion under non-UCC law. If the secured party thereafter disposed of the collateral, however, it would violate Section 9- 610 [Maine cite section 9-1610] at that time, and this section would apply.

3. Rebuttable Presumption Rule. Subsection (a) [Maine cite subsection (1)] establishes the rebuttable presumption rule for