{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-516.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-516.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-516.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-516.html"}],"law_id":78053,"edition_id":1,"section_id":78053,"structure_id":13914,"section_number":"8.2A-516","catch_line":"Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable","history":"1991, c. 536.","full_text":"1\n\nA lessee shall pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.2\n\nA lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this title or the lease agreement for nonconformity.3\n\nIf a tender has been accepted:a\n\nWithin a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;b\n\nExcept in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (§ 8.2A-211) the lessee shall notify the lessor or be barred from any remedy for liability established by the litigation; andc\n\nThe burden is on the lessee to establish any default.4\n\nIf a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable the following apply:a\n\nThe lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the lessor or the supplier does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound.b\n\nThe lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (§ 8.2A-211) or else be barred from any remedy. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.5\n\nSubsections (3) and (4) of this section apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (§ 8.2A-211).","order_by":null,"text":{"0":{"id":279830,"text":"A lessee shall pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":279831,"text":"A lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this title or the lease agreement for nonconformity.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":279832,"text":"If a tender has been accepted:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3a"},"3":{"id":279833,"text":"Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;","type":"section","prefixes":["3","a"],"prefix":"a","entire_prefix":"3a","prefix_anchor":"3a","level":2,"prior_prefix":"3","next_prefix":"3b"},"4":{"id":279834,"text":"Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (§ 8.2A-211) the lessee shall notify the lessor or be barred from any remedy for liability established by the litigation; and","type":"section","prefixes":["3","b"],"prefix":"b","entire_prefix":"3b","prefix_anchor":"3b","level":2,"prior_prefix":"3a","next_prefix":"3c"},"5":{"id":279835,"text":"The burden is on the lessee to establish any default.","type":"section","prefixes":["3","c"],"prefix":"c","entire_prefix":"3c","prefix_anchor":"3c","level":2,"prior_prefix":"3b","next_prefix":"4"},"6":{"id":279836,"text":"If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable the following apply:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3c","next_prefix":"4a"},"7":{"id":279837,"text":"The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the lessor or the supplier does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound.","type":"section","prefixes":["4","a"],"prefix":"a","entire_prefix":"4a","prefix_anchor":"4a","level":2,"prior_prefix":"4","next_prefix":"4b"},"8":{"id":279838,"text":"The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (§ 8.2A-211) or else be barred from any remedy. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.","type":"section","prefixes":["4","b"],"prefix":"b","entire_prefix":"4b","prefix_anchor":"4b","level":2,"prior_prefix":"4a","next_prefix":"5"},"9":{"id":279839,"text":"Subsections (3) and (4) of this section apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (§ 8.2A-211).","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4b"}},"ancestry":[{"id":13914,"edition_id":1,"name":"Default by Lessor","identifier":"B","label":"article","depth":3,"order_by":1,"parent_id":13913,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":282601,"object_type":"structure","relational_id":13914,"identifier":"B","token":"8.2A\/5\/B","url":"\/8.2A\/5\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13913,"edition_id":1,"name":"Default","identifier":"5","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":282569,"object_type":"structure","relational_id":13913,"identifier":"5","token":"8.2A\/5","url":"\/8.2A\/5\/","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":62750,"structure_id":13914,"section_number":"8.2A-508","catch_line":"Lessee's remedies","url":"\/8.2A-508\/","token":"8.2A\/5\/B\/8.2A-508","metadata":false},{"id":60181,"structure_id":13914,"section_number":"8.2A-509","catch_line":"Lessee's rights on improper delivery; rightful rejection","url":"\/8.2A-509\/","token":"8.2A\/5\/B\/8.2A-509","metadata":false},{"id":74596,"structure_id":13914,"section_number":"8.2A-510","catch_line":"Installment lease contracts; rejection and default","url":"\/8.2A-510\/","token":"8.2A\/5\/B\/8.2A-510","metadata":false},{"id":84556,"structure_id":13914,"section_number":"8.2A-511","catch_line":"Merchant lessee's duties as to rightfully rejected goods","url":"\/8.2A-511\/","token":"8.2A\/5\/B\/8.2A-511","metadata":false},{"id":70655,"structure_id":13914,"section_number":"8.2A-512","catch_line":"Lessee's duties as to rightfully rejected goods","url":"\/8.2A-512\/","token":"8.2A\/5\/B\/8.2A-512","metadata":false},{"id":61599,"structure_id":13914,"section_number":"8.2A-513","catch_line":"Cure by lessor of improper tender or delivery; replacement","url":"\/8.2A-513\/","token":"8.2A\/5\/B\/8.2A-513","metadata":false},{"id":56122,"structure_id":13914,"section_number":"8.2A-514","catch_line":"Waiver of lessee's objections","url":"\/8.2A-514\/","token":"8.2A\/5\/B\/8.2A-514","metadata":false},{"id":55972,"structure_id":13914,"section_number":"8.2A-515","catch_line":"Acceptance of goods","url":"\/8.2A-515\/","token":"8.2A\/5\/B\/8.2A-515","metadata":false},{"id":78053,"structure_id":13914,"section_number":"8.2A-516","catch_line":"Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable","url":"\/8.2A-516\/","token":"8.2A\/5\/B\/8.2A-516","metadata":false},{"id":66372,"structure_id":13914,"section_number":"8.2A-517","catch_line":"Revocation of acceptance of goods","url":"\/8.2A-517\/","token":"8.2A\/5\/B\/8.2A-517","metadata":false},{"id":83561,"structure_id":13914,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","url":"\/8.2A-518\/","token":"8.2A\/5\/B\/8.2A-518","metadata":false},{"id":74347,"structure_id":13914,"section_number":"8.2A-519","catch_line":"Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","url":"\/8.2A-519\/","token":"8.2A\/5\/B\/8.2A-519","metadata":false},{"id":64983,"structure_id":13914,"section_number":"8.2A-520","catch_line":"Lessee's incidental and consequential damages","url":"\/8.2A-520\/","token":"8.2A\/5\/B\/8.2A-520","metadata":false},{"id":76119,"structure_id":13914,"section_number":"8.2A-521","catch_line":"Lessee's right to specific performance or other similar rights","url":"\/8.2A-521\/","token":"8.2A\/5\/B\/8.2A-521","metadata":false},{"id":54961,"structure_id":13914,"section_number":"8.2A-522","catch_line":"Lessee's right to goods on lessor's insolvency","url":"\/8.2A-522\/","token":"8.2A\/5\/B\/8.2A-522","metadata":false}],"previous_section":{"id":55972,"structure_id":13914,"section_number":"8.2A-515","catch_line":"Acceptance of goods","url":"\/8.2A-515\/","token":"8.2A\/5\/B\/8.2A-515","metadata":false},"next_section":{"id":66372,"structure_id":13914,"section_number":"8.2A-517","catch_line":"Revocation of acceptance of goods","url":"\/8.2A-517\/","token":"8.2A\/5\/B\/8.2A-517","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-516\/","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.<\/p>","references":[{"id":74347,"section_number":"8.2A-519","catch_line":"Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","order_by":null,"url":"\/8.2A-519\/"}],"refers_to":[{"id":63414,"section_number":"8.2A-211","catch_line":"Warranties against interference and against infringement; lessee's obligation against infringement","order_by":null,"url":"\/8.2A-211\/"}],"permalink":{"id":282635,"object_type":"law","relational_id":78053,"identifier":"8.2A-516","token":"8.2A\/5\/B\/8.2A-516","url":"\/8.2A-516\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-516\/","token":"8.2A\/5\/B\/8.2A-516","dublin_core":{"Title":"Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-516","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> A lessee shall pay rent for any goods accepted in accordance with the lease contract<\/span>, with due allowance for goods rightfully rejected or not delivered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this title or the lease agreement for nonconformity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a tender has been accepted: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Within a reasonable time after the lessee discovers or should have discovered any default<\/span>, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party<\/span> not notified; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation<\/span> for infringement or the like (§ 8.2A-211<\/a>) the lessee shall notify the lessor or be barred from any remedy for liability established by the litigation<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The burden is on the lessee to establish any default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable the following apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> The lessee may give the lessor or the supplier, or both, written notice of the litigation<\/span>. If the notice states that the person notified may come in and defend and that if the lessor or the supplier does not do so that person will be bound in any action against that person by the lessee by any determination of fact<\/span> common to the two litigations<\/span>, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The lessor or the supplier may demand in writing that the lessee turn over control of the litigation<\/span> including settlement<\/span> if the claim is one for infringement or the like (§ 8.2A-211<\/a>) or else be barred from any remedy. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment<\/span>, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Subsections (3) and (4) of this section apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (§ 8.2A-211<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF ACCEPTANCE OF GOODS; NOTICE OF DEFAULT; BURDEN OF ESTABLISHING DEFAULT\nAFTER ACCEPTANCE; NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE (\u00a7\n8.2A-516)\n\n1. A lessee shall pay rent for any goods accepted in accordance with the lease\ncontract, with due allowance for goods rightfully rejected or not delivered.\n\n2. A lessee’s acceptance of goods precludes rejection of the goods\naccepted. In the case of a finance lease, if made with knowledge of a\nnonconformity, acceptance cannot be revoked because of it. In any other case, if\nmade with knowledge of a nonconformity, acceptance cannot be revoked because of\nit unless the acceptance was on the reasonable assumption that the nonconformity\nwould be seasonably cured. Acceptance does not of itself impair any other remedy\nprovided by this title or the lease agreement for nonconformity.\n\n3. If a tender has been accepted:\n\n a. Within a reasonable time after the lessee discovers or should have\n discovered any default, the lessee shall notify the lessor and the supplier,\n if any, or be barred from any remedy against the party not notified;\n\n b. Except in the case of a consumer lease, within a reasonable time after the\n lessee receives notice of litigation for infringement or the like (§\n 8.2A-211) the lessee shall notify the lessor or be barred from any remedy for\n liability established by the litigation; and\n\n c. The burden is on the lessee to establish any default.\n\n4. If a lessee is sued for breach of a warranty or other obligation for which a\nlessor or a supplier is answerable the following apply:\n\n a. The lessee may give the lessor or the supplier, or both, written notice of\n the litigation. If the notice states that the person notified may come in and\n defend and that if the lessor or the supplier does not do so that person will\n be bound in any action against that person by the lessee by any determination\n of fact common to the two litigations, then unless the person notified after\n seasonable receipt of the notice does come in and defend that person is so\n bound.\n\n b. The lessor or the supplier may demand in writing that the lessee turn over\n control of the litigation including settlement if the claim is one for\n infringement or the like (§ 8.2A-211) or else be barred from any remedy.\n If the demand states that the lessor or the supplier agrees to bear all\n expense and to satisfy any adverse judgment, then unless the lessee after\n seasonable receipt of the demand does turn over control the lessee is so\n barred.\n\n5. Subsections (3) and (4) of this section apply to any obligation of a lessee\nto hold the lessor or the supplier harmless against infringement or the like\n(§ 8.2A-211).\n\nHISTORY: 1991, c. 536.","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}}