TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 6.

BREACH, REPUDIATION AND EXCUSE

28-2-608.  Revocation of acceptance in whole or in part. (1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it

(a)  on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or

(b)  without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances.

(2)  Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

(3)  A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.

History:

[28-2-608, added 1967, ch. 161, sec. 2-608, p. 351.]