{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-208.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-208.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-208.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-208.html"}],"law_id":58420,"edition_id":1,"section_id":58420,"structure_id":12737,"section_number":"8.2A-208","catch_line":"Modification, rescission, and waiver","history":"1991, c. 536; 2024, c. 652.","full_text":"1\n\nAn agreement modifying a lease contract needs no consideration to be binding.2\n\nA signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.3\n\nAlthough an attempt at modification or rescission does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver.4\n\nA party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.","order_by":null,"text":{"0":{"id":213916,"text":"An agreement modifying a lease contract needs no consideration to be binding.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":213917,"text":"A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":213918,"text":"Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":213919,"text":"A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":12737,"edition_id":1,"name":"Formation and Construction of Lease Contract","identifier":"2","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282407,"object_type":"structure","relational_id":12737,"identifier":"2","token":"8.2A\/2","url":"\/8.2A\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71755,"structure_id":12737,"section_number":"8.2A-201","catch_line":"Statute of frauds","url":"\/8.2A-201\/","token":"8.2A\/2\/8.2A-201","metadata":false},{"id":57011,"structure_id":12737,"section_number":"8.2A-202","catch_line":"Final expression: parol or extrinsic evidence","url":"\/8.2A-202\/","token":"8.2A\/2\/8.2A-202","metadata":false},{"id":84673,"structure_id":12737,"section_number":"8.2A-203","catch_line":"Seals inoperative","url":"\/8.2A-203\/","token":"8.2A\/2\/8.2A-203","metadata":false},{"id":53946,"structure_id":12737,"section_number":"8.2A-204","catch_line":"Formation in general","url":"\/8.2A-204\/","token":"8.2A\/2\/8.2A-204","metadata":false},{"id":81740,"structure_id":12737,"section_number":"8.2A-205","catch_line":"Firm offers","url":"\/8.2A-205\/","token":"8.2A\/2\/8.2A-205","metadata":false},{"id":84135,"structure_id":12737,"section_number":"8.2A-206","catch_line":"Offer and acceptance in formation of lease contract","url":"\/8.2A-206\/","token":"8.2A\/2\/8.2A-206","metadata":false},{"id":77350,"structure_id":12737,"section_number":"8.2A-207","catch_line":"Repealed","url":"\/8.2A-207\/","token":"8.2A\/2\/8.2A-207","metadata":false},{"id":58420,"structure_id":12737,"section_number":"8.2A-208","catch_line":"Modification, rescission, and waiver","url":"\/8.2A-208\/","token":"8.2A\/2\/8.2A-208","metadata":false},{"id":68509,"structure_id":12737,"section_number":"8.2A-209","catch_line":"Lessee under finance lease as beneficiary of supply contract","url":"\/8.2A-209\/","token":"8.2A\/2\/8.2A-209","metadata":false},{"id":87434,"structure_id":12737,"section_number":"8.2A-210","catch_line":"Express warranties","url":"\/8.2A-210\/","token":"8.2A\/2\/8.2A-210","metadata":false},{"id":63414,"structure_id":12737,"section_number":"8.2A-211","catch_line":"Warranties against interference and against infringement; lessee's obligation against infringement","url":"\/8.2A-211\/","token":"8.2A\/2\/8.2A-211","metadata":false},{"id":59329,"structure_id":12737,"section_number":"8.2A-212","catch_line":"Implied warranty of merchantability","url":"\/8.2A-212\/","token":"8.2A\/2\/8.2A-212","metadata":false},{"id":56702,"structure_id":12737,"section_number":"8.2A-213","catch_line":"Implied warranty of fitness for particular purpose","url":"\/8.2A-213\/","token":"8.2A\/2\/8.2A-213","metadata":false},{"id":86933,"structure_id":12737,"section_number":"8.2A-214","catch_line":"Exclusion or modification of warranties","url":"\/8.2A-214\/","token":"8.2A\/2\/8.2A-214","metadata":false},{"id":76581,"structure_id":12737,"section_number":"8.2A-215","catch_line":"Cumulation and conflict of warranties express or implied","url":"\/8.2A-215\/","token":"8.2A\/2\/8.2A-215","metadata":false},{"id":60702,"structure_id":12737,"section_number":"8.2A-216","catch_line":"Third-party beneficiaries of express and implied warranties","url":"\/8.2A-216\/","token":"8.2A\/2\/8.2A-216","metadata":false},{"id":86152,"structure_id":12737,"section_number":"8.2A-217","catch_line":"Identification","url":"\/8.2A-217\/","token":"8.2A\/2\/8.2A-217","metadata":false},{"id":83259,"structure_id":12737,"section_number":"8.2A-218","catch_line":"Insurance and proceeds","url":"\/8.2A-218\/","token":"8.2A\/2\/8.2A-218","metadata":false},{"id":55940,"structure_id":12737,"section_number":"8.2A-219","catch_line":"Risk of loss","url":"\/8.2A-219\/","token":"8.2A\/2\/8.2A-219","metadata":false},{"id":65496,"structure_id":12737,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","url":"\/8.2A-220\/","token":"8.2A\/2\/8.2A-220","metadata":false},{"id":80194,"structure_id":12737,"section_number":"8.2A-221","catch_line":"Casualty to identified goods","url":"\/8.2A-221\/","token":"8.2A\/2\/8.2A-221","metadata":false}],"previous_section":{"id":77350,"structure_id":12737,"section_number":"8.2A-207","catch_line":"Repealed","url":"\/8.2A-207\/","token":"8.2A\/2\/8.2A-207","metadata":false},"next_section":{"id":68509,"structure_id":12737,"section_number":"8.2A-209","catch_line":"Lessee under finance lease as beneficiary of supply contract","url":"\/8.2A-209\/","token":"8.2A\/2\/8.2A-209","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-208\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 652<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":282437,"object_type":"law","relational_id":58420,"identifier":"8.2A-208","token":"8.2A\/2\/8.2A-208","url":"\/8.2A-208\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-208\/","token":"8.2A\/2\/8.2A-208","dublin_core":{"Title":"Modification, rescission, and waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-208","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> An agreement modifying a lease contract<\/span> needs no consideration to be binding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A party<\/span> who has made a waiver<\/span> affecting an executory portion of a lease contract<\/span> may retract the waiver<\/span> by reasonable notification received by the other party<\/span> that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material<\/span> change of position in reliance on the waiver<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMODIFICATION, RESCISSION, AND WAIVER (\u00a7 8.2A-208)\n\n1. An agreement modifying a lease contract needs no consideration to be binding.\n\n2. A signed lease agreement that excludes modification or rescission except by a\nsigned record may not be otherwise modified or rescinded, but, except as between\nmerchants, such a requirement on a form supplied by a merchant must be\nseparately signed by the other party.\n\n3. Although an attempt at modification or rescission does not satisfy the\nrequirements of subsection (2) of this section, it may operate as a waiver.\n\n4. A party who has made a waiver affecting an executory portion of a lease\ncontract may retract the waiver by reasonable notification received by the other\nparty that strict performance will be required of any term waived, unless the\nretraction would be unjust in view of a material change of position in reliance\non the waiver.\n\nHISTORY: 1991, c. 536; 2024, c. 652.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}