{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-518.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-518.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-518.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-518.html"}],"law_id":83561,"edition_id":1,"section_id":83561,"structure_id":13914,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","history":"1991, c. 536; 2003, c. 353.","full_text":"1\n\nAfter default by a lessor under the lease contract of the type described in subsection (1) of § 8.2A-508, or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.2\n\nExcept as otherwise provided with respect to damages liquidated in the lease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302 and 8.2A-503), if a lessee’s cover is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages less expenses saved in consequence of the lessor’s default.3\n\nIf a lessee’s cover is by lease agreement that for any reason does not qualify for treatment under subsection (2) of this section, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and § 8.2A-519 governs.","order_by":null,"text":{"0":{"id":299466,"text":"After default by a lessor under the lease contract of the type described in subsection (1) of § 8.2A-508, or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":299467,"text":"Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302 and 8.2A-503), if a lessee’s cover is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages less expenses saved in consequence of the lessor’s default.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":299468,"text":"If a lessee’s cover is by lease agreement that for any reason does not qualify for treatment under subsection (2) of this section, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and § 8.2A-519 governs.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-518\/","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 2003, chapter 353<\/a>.<\/p>","references":[{"id":62750,"section_number":"8.2A-508","catch_line":"Lessee's remedies","order_by":null,"url":"\/8.2A-508\/"},{"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":84280,"section_number":"8.1A-302","catch_line":"Variation by agreement","order_by":null,"url":"\/8.1A-302\/"},{"id":86201,"section_number":"8.2A-503","catch_line":"Modification or impairment of rights and remedies","order_by":null,"url":"\/8.2A-503\/"},{"id":60366,"section_number":"8.2A-504","catch_line":"Liquidation of damages","order_by":null,"url":"\/8.2A-504\/"},{"id":62750,"section_number":"8.2A-508","catch_line":"Lessee's remedies","order_by":null,"url":"\/8.2A-508\/"},{"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\/"}],"permalink":{"id":282643,"object_type":"law","relational_id":83561,"identifier":"8.2A-518","token":"8.2A\/5\/B\/8.2A-518","url":"\/8.2A-518\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-518\/","token":"8.2A\/5\/B\/8.2A-518","dublin_core":{"Title":"Cover; substitute goods","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-518","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> After default<\/span> by a lessor under the lease contract<\/span> of the type described in subsection (1) of § 8.2A-508<\/a>, or, if agreed, after other default<\/span> by the lessor, the lessee may cover by making any purchase or lease of or contract<\/span> to purchase or lease goods in substitution for those due from the lessor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Except as otherwise provided with respect to damages<\/span> liquidated in the lease agreement (§ 8.2A-504<\/a>) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302<\/a> and 8.2A-503<\/a>), if a lessee’s cover is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages<\/span> (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages<\/span> less expenses saved in consequence of the lessor’s default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a lessee’s cover is by lease agreement that for any reason does not qualify for treatment under subsection (2) of this section, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and § 8.2A-519<\/a> governs. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOVER; SUBSTITUTE GOODS (\u00a7 8.2A-518)\n\n1. After default by a lessor under the lease contract of the type described in\nsubsection (1) of § 8.2A-508, or, if agreed, after other default by the\nlessor, the lessee may cover by making any purchase or lease of or contract to\npurchase or lease goods in substitution for those due from the lessor.\n\n2. Except as otherwise provided with respect to damages liquidated in the lease\nagreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the\nparties (§§ 8.1A-302 and 8.2A-503), if a lessee’s cover is by\nlease agreement substantially similar to the original lease agreement and the\nnew lease agreement is made in good faith and in a commercially reasonable\nmanner, the lessee may recover from the lessor as damages (i) the present value,\nas of the date of the commencement of the term of the new lease agreement, of\nthe rent under the new lease agreement applicable to that period of the new\nlease term which is comparable to the then remaining term of the original lease\nagreement minus the present value as of the same date of the total rent for the\nthen remaining lease term of the original lease agreement, and (ii) any\nincidental or consequential damages less expenses saved in consequence of the\nlessor’s default.\n\n3. If a lessee’s cover is by lease agreement that for any reason does not\nqualify for treatment under subsection (2) of this section, or is by purchase or\notherwise, the lessee may recover from the lessor as if the lessee had elected\nnot to cover and § 8.2A-519 governs.\n\nHISTORY: 1991, c. 536; 2003, c. 353.","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}}