Short answer. Yes, for perishable goods. The Civil Code provides that it is not essential to the validity of resale that notice of an intention to resell the goods be given by the seller to the original buyer when the goods are perishable. You may resell immediately to preserve their value.
What the law says
It is not essential to the validity of resale that notice of an intention to resell the goods be given by the seller to the original buyer.
Civil Code, Article 1533 — Unpaid Seller's Right of Resale. Read the full provision →
Why perishables get special treatment
Article 1533 allows an unpaid seller to resell goods in three situations: when they are perishable in nature, when the contract expressly reserves a resale right on default, and when the buyer has been in default for an unreasonable time. For perishable goods, the law is particularly permissive about notice. Requiring the seller to wait for the buyer to respond to a notice before reselling would defeat the entire purpose — by the time the buyer acknowledged the situation, the goods might be worthless. The notice rules relax precisely to prevent that outcome.
Two types of notice — neither is required for perishables
The statute distinguishes between notice of intention to resell and notice of the time and place of the resale. For perishable goods, neither is required for the resale to be valid. You do not need to tell the buyer you plan to resell, and you do not need to tell them when or where the resale will happen. The resale is valid even without any notice at all. However, where the resale right is based on the buyer's unreasonable default (not perishability), the giving or failing to give notice of intention becomes relevant evidence of whether the default period was truly unreasonable.
What the seller must still do
Even with perishable goods, the seller is not free to conduct the resale carelessly. Article 1533 requires that the seller exercise reasonable care and judgment in making a resale. This means getting a fair price, choosing an appropriate buyer or venue, and not allowing the goods to deteriorate further through inaction. The resale may be public or private. The seller keeps any profit from the resale and can recover damages from the original buyer for any shortfall. However, the seller cannot buy the goods at the resale — directly or indirectly.
Protect yourself with documentation
Even though notice is not legally required for perishables, good documentation protects you. Keep records showing: the original contract and default, the condition of the goods at the time of resale, how you found the new buyer, the price obtained, and any costs of the resale. If the original buyer later challenges the resale — arguing the goods were not truly perishable, or that you undersold them — your documentation becomes your defense. A buyer who pays for goods and never receives them may also raise claims under other provisions, so having a clean paper trail matters.