Tommy buys a dehumidifier from Home Depot for $750 and finances the purchase through Home Depot. He
Question:
Tommy buys a dehumidifier from Home Depot for $750 and finances the purchase through Home Depot. He signs a security agreement and a note in favor of Home Depot for $750. Home Depot files a financing statement as to this transaction. Tommy finds that he needs a bigger and more powerful dehumidifier and sells the one bought at Home Depot to his neighbor Pete at a garage sale for $500. Which statement is true concerning these facts?
A. | Home Depot did not have a properly perfected security interest in the dehumidifier because it filed a financing statement instead of relying on the automatic perfection rule for purchase money security interests. | |
B. | Home Depot did have a properly perfected security interest in the dehumidifier which was automatically perfected as a purchase money security interest but lost the security interest as a result of the garage sale rule. | |
C. | Home Depot did not have a properly perfected security interest either as a purchase money security interest or by filing due to the garage sale rule. | |
D. | Home Depot did have an automatically perfected purchase money security interest in the dehumidifier and it retained its interest after the transfer to Pete because it filed its financing statement. |
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts