Nebraska Uniform Commercial Code 2-608

UCC 2-608

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.

Source

  • Laws 1963, c. 544, Art. II, § 2-608, p. 1749.

Annotations

  • The initial step in determining whether a buyer may revoke his or her acceptance of goods or conduct is to assess whether there exists a nonconformity in the contract. Richardson v. Mast, 252 Neb. 114, 560 N.W.2d. 488 (1997).

  • Revocation of acceptance was timely where buyer had allowed seller's representative to install computer plotter to ascertain extent of damage. Design Data Corp. v. Maryland Cas. Co., 243 Neb. 945, 503 N.W.2d 552 (1993).

  • A buyer who elects to exercise his right to revoke acceptance has a duty not to exercise ownership over the goods. Wendt v. Beardmore Suburban Chevrolet, 219 Neb. 775, 366 N.W.2d 424 (1985).

  • A buyer may revoke acceptance of a lot of commercial goods only if there is some defect or nonconformity in the article that substantially impairs its value. Havelock Bank v. Western Surety Co., 217 Neb. 560, 352 N.W.2d 855 (1984).