Also known as: UCC 2-608 · § 2-608 · 2-608 · revocation of acceptance
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule permitting a buyer who has accepted goods to revoke acceptance when a nonconformity substantially impairs their value to the buyer. Revocation is available if acceptance rested on the reasonable assumption that the nonconformity would be cured and cure did not occur seasonably or if acceptance occurred without discovery of the nonconformity because of difficulty of discovery or seller assurances. The revocation must take place within a reasonable time after discovery of the ground, before any substantial change in the goods not caused by their own defects, and must be communicated by notice to the seller.
Uri Underwood purchased commercial ovens from Uptown Apparel for his restaurant chain. He accepted the ovens after the seller promised a software update within two weeks to fix uneven heating. When the update never arrived after three months of delays, Uri sent formal notice revoking acceptance. The revocation occurred within a reasonable time once it became clear the cure would not happen and before any change in the ovens unrelated to the defect.
Ursula Ureña bought rugged laptops from Unity Capital for city police use. After deployment revealed hardware failures, she properly revoked acceptance and retained the laptops. Ursula held a security interest in the laptops for payments made and inspection expenses, allowing her to resell them and apply proceeds against amounts owed.
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Ulric Unger ordered designer jackets from Utopia Pharmaceuticals that arrived with inferior linings. After discovering the defect through customer returns, he revoked acceptance at the delivery location. Damages were measured using market price determined as of the place of arrival rather than the original place of tender.
The buyer must establish that a nonconformity substantially impaired the value of the goods to the buyer, that acceptance occurred on the assumption of cure or because of difficulty of discovery or seller assurances, and that revocation took place within a reasonable time with proper notice before any substantial change not caused by the defect itself.
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A buyer who revokes acceptance obtains the same rights and duties with respect to the goods as if the buyer had rejected them initially, including a security interest for payments made and expenses incurred.
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Market price is measured as of the place of arrival when revocation occurs after the goods have reached the buyer rather than at the original place of tender.
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…of the Uniform Commercial Code. He further contends that, even if the defendant had accepted delivery, he may, under section 2-608 (subd. [1], par. [b]) of the Uniform Commercial Code, revoke his acceptance of the goods because “his acceptance was reasonably induced by the seller’s assurances.” He also relies on…