{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-417.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-417.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-417.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-417.html"}],"law_id":63742,"edition_id":1,"section_id":63742,"structure_id":15041,"section_number":"8.3A-417","catch_line":"Presentment warranties","history":"Code 1950, \u00a7\u00a7 6-417, 6-421; 1964, c. 219, \u00a7 8.3-417; 1992, c. 693.","full_text":"a\n\nIf an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:1\n\nthe warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;2\n\nthe draft has not been altered; and3\n\nthe warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.b\n\nA drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.c\n\nIf a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 8.3A-404 or § 8.3A-405 or the drawer is precluded under § 8.3A-406 or § 8.4-406 from asserting against the drawee the unauthorized endorsement or alteration.d\n\nIf (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply:1\n\nThe person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.2\n\nThe person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.e\n\nThe warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) is discharged to the extent of any loss caused by the delay in giving notice of the claim.f\n\nA cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.","order_by":null,"text":{"0":{"id":232184,"text":"If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":232185,"text":"the warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":232186,"text":"the draft has not been altered; and","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":232187,"text":"the warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"4":{"id":232188,"text":"A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"c"},"5":{"id":232189,"text":"If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 8.3A-404 or § 8.3A-405 or the drawer is precluded under § 8.3A-406 or § 8.4-406 from asserting against the drawee the unauthorized endorsement or alteration.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"6":{"id":232190,"text":"If (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"d1"},"7":{"id":232191,"text":"The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"8":{"id":232192,"text":"The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"e"},"9":{"id":232193,"text":"The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) is discharged to the extent of any loss caused by the delay in giving notice of the claim.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d2","next_prefix":"f"},"10":{"id":232194,"text":"A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e"}},"ancestry":[{"id":15041,"edition_id":1,"name":"Liability of Parties","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:51:41","date_modified":"2026-06-26 03:51:41","permalink":{"id":282869,"object_type":"structure","relational_id":15041,"identifier":"4","token":"8.3A\/4","url":"\/8.3A\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13054,"edition_id":1,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282705,"object_type":"structure","relational_id":13054,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72303,"structure_id":15041,"section_number":"8.3A-401","catch_line":"Signature necessary for liability on instrument","url":"\/8.3A-401\/","token":"8.3A\/4\/8.3A-401","metadata":false},{"id":57340,"structure_id":15041,"section_number":"8.3A-402","catch_line":"Signature by representative","url":"\/8.3A-402\/","token":"8.3A\/4\/8.3A-402","metadata":false},{"id":73829,"structure_id":15041,"section_number":"8.3A-403","catch_line":"Unauthorized signature","url":"\/8.3A-403\/","token":"8.3A\/4\/8.3A-403","metadata":false},{"id":82256,"structure_id":15041,"section_number":"8.3A-404","catch_line":"Impostors; fictitious payees","url":"\/8.3A-404\/","token":"8.3A\/4\/8.3A-404","metadata":false},{"id":85778,"structure_id":15041,"section_number":"8.3A-405","catch_line":"Employer's responsibility for fraudulent endorsement by employee","url":"\/8.3A-405\/","token":"8.3A\/4\/8.3A-405","metadata":false},{"id":86533,"structure_id":15041,"section_number":"8.3A-406","catch_line":"Negligence contributing to forged signature or alteration of instrument","url":"\/8.3A-406\/","token":"8.3A\/4\/8.3A-406","metadata":false},{"id":76929,"structure_id":15041,"section_number":"8.3A-407","catch_line":"Alteration","url":"\/8.3A-407\/","token":"8.3A\/4\/8.3A-407","metadata":false},{"id":72123,"structure_id":15041,"section_number":"8.3A-408","catch_line":"Drawee not liable on unaccepted draft","url":"\/8.3A-408\/","token":"8.3A\/4\/8.3A-408","metadata":false},{"id":74394,"structure_id":15041,"section_number":"8.3A-409","catch_line":"Acceptance of draft; certified check","url":"\/8.3A-409\/","token":"8.3A\/4\/8.3A-409","metadata":false},{"id":86849,"structure_id":15041,"section_number":"8.3A-410","catch_line":"Acceptance varying draft","url":"\/8.3A-410\/","token":"8.3A\/4\/8.3A-410","metadata":false},{"id":76564,"structure_id":15041,"section_number":"8.3A-411","catch_line":"Refusal to pay cashier's checks, teller's checks, and certified checks","url":"\/8.3A-411\/","token":"8.3A\/4\/8.3A-411","metadata":false},{"id":85403,"structure_id":15041,"section_number":"8.3A-412","catch_line":"Obligation of issuer of note or cashier's check","url":"\/8.3A-412\/","token":"8.3A\/4\/8.3A-412","metadata":false},{"id":62163,"structure_id":15041,"section_number":"8.3A-413","catch_line":"Obligation of acceptor","url":"\/8.3A-413\/","token":"8.3A\/4\/8.3A-413","metadata":false},{"id":81363,"structure_id":15041,"section_number":"8.3A-414","catch_line":"Obligation of drawer","url":"\/8.3A-414\/","token":"8.3A\/4\/8.3A-414","metadata":false},{"id":78513,"structure_id":15041,"section_number":"8.3A-415","catch_line":"Obligation of endorser","url":"\/8.3A-415\/","token":"8.3A\/4\/8.3A-415","metadata":false},{"id":58496,"structure_id":15041,"section_number":"8.3A-416","catch_line":"Transfer warranties","url":"\/8.3A-416\/","token":"8.3A\/4\/8.3A-416","metadata":false},{"id":63742,"structure_id":15041,"section_number":"8.3A-417","catch_line":"Presentment warranties","url":"\/8.3A-417\/","token":"8.3A\/4\/8.3A-417","metadata":false},{"id":68633,"structure_id":15041,"section_number":"8.3A-418","catch_line":"Payment or acceptance by mistake","url":"\/8.3A-418\/","token":"8.3A\/4\/8.3A-418","metadata":false},{"id":62031,"structure_id":15041,"section_number":"8.3A-419","catch_line":"Instruments signed for accommodation","url":"\/8.3A-419\/","token":"8.3A\/4\/8.3A-419","metadata":false},{"id":75961,"structure_id":15041,"section_number":"8.3A-420","catch_line":"Conversion of instrument","url":"\/8.3A-420\/","token":"8.3A\/4\/8.3A-420","metadata":false}],"previous_section":{"id":58496,"structure_id":15041,"section_number":"8.3A-416","catch_line":"Transfer warranties","url":"\/8.3A-416\/","token":"8.3A\/4\/8.3A-416","metadata":false},"next_section":{"id":68633,"structure_id":15041,"section_number":"8.3A-418","catch_line":"Payment or acceptance by mistake","url":"\/8.3A-418\/","token":"8.3A\/4\/8.3A-418","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-417\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. 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. Those modifications are as follows: in 1964, chapter 219; in 1992, chapter 693.<\/p>","references":[{"id":57425,"section_number":"64.2-601","catch_line":"Payment or delivery of small asset by affidavit","order_by":null,"url":"\/64.2-601\/"},{"id":68633,"section_number":"8.3A-418","catch_line":"Payment or acceptance by mistake","order_by":null,"url":"\/8.3A-418\/"}],"refers_to":[{"id":82256,"section_number":"8.3A-404","catch_line":"Impostors; fictitious payees","order_by":null,"url":"\/8.3A-404\/"},{"id":85778,"section_number":"8.3A-405","catch_line":"Employer's responsibility for fraudulent endorsement by employee","order_by":null,"url":"\/8.3A-405\/"},{"id":86533,"section_number":"8.3A-406","catch_line":"Negligence contributing to forged signature or alteration of instrument","order_by":null,"url":"\/8.3A-406\/"},{"id":56628,"section_number":"8.4-406","catch_line":"Customer's duty to discover and report unauthorized signature or alteration","order_by":null,"url":"\/8.4-406\/"}],"permalink":{"id":282935,"object_type":"law","relational_id":63742,"identifier":"8.3A-417","token":"8.3A\/4\/8.3A-417","url":"\/8.3A-417\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-417\/","token":"8.3A\/4\/8.3A-417","dublin_core":{"Title":"Presentment warranties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-417","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment<\/span>, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the draft has not been altered; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the warrantor has no knowledge that the signature of the drawer of the draft is unauthorized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A drawee making payment may recover from any warrantor damages<\/span> for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages<\/span> under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 8.3A-404<\/a> or § 8.3A-405<\/a> or the drawer is precluded under § 8.3A-406<\/a> or § 8.4-406<\/a> from asserting against the drawee the unauthorized endorsement or alteration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> If (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other instrument is presented for payment to a party<\/span> obliged to pay the instrument, and (iii) payment is received, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) is discharged to the extent of any loss caused by the delay in giving notice of the claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> A cause of action<\/span> for breach of warranty under this section accrues when the claimant has reason to know of the breach. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESENTMENT WARRANTIES (\u00a7 8.3A-417)\n\na. If an unaccepted draft is presented to the drawee for payment or acceptance\nand the drawee pays or accepts the draft, (i) the person obtaining payment or\nacceptance, at the time of presentment, and (ii) a previous transferor of the\ndraft, at the time of transfer, warrant to the drawee making payment or\naccepting the draft in good faith that:\n\n 1. the warrantor is, or was, at the time the warrantor transferred the draft,\n a person entitled to enforce the draft or authorized to obtain payment or\n acceptance of the draft on behalf of a person entitled to enforce the draft;\n\n 2. the draft has not been altered; and\n\n 3. the warrantor has no knowledge that the signature of the drawer of the\n draft is unauthorized.\n\nb. A drawee making payment may recover from any warrantor damages for breach of\nwarranty equal to the amount paid by the drawee less the amount the drawee\nreceived or is entitled to receive from the drawer because of the payment. In\naddition, the drawee is entitled to compensation for expenses and loss of\ninterest resulting from the breach. The right of the drawee to recover damages\nunder this subsection is not affected by any failure of the drawee to exercise\nordinary care in making payment. If the drawee accepts the draft, breach of\nwarranty is a defense to the obligation of the acceptor. If the acceptor makes\npayment with respect to the draft, the acceptor is entitled to recover from any\nwarrantor for breach of warranty the amounts stated in this subsection.\n\nc. If a drawee asserts a claim for breach of warranty under subsection (a) based\non an unauthorized endorsement of the draft or an alteration of the draft, the\nwarrantor may defend by proving that the endorsement is effective under §\n8.3A-404 or § 8.3A-405 or the drawer is precluded under § 8.3A-406 or\n§ 8.4-406 from asserting against the drawee the unauthorized endorsement or\nalteration.\n\nd. If (i) a dishonored draft is presented for payment to the drawer or an\nendorser or (ii) any other instrument is presented for payment to a party\nobliged to pay the instrument, and (iii) payment is received, the following\nrules apply:\n\n 1. The person obtaining payment and a prior transferor of the instrument\n warrant to the person making payment in good faith that the warrantor is, or\n was, at the time the warrantor transferred the instrument, a person entitled\n to enforce the instrument or authorized to obtain payment on behalf of a\n person entitled to enforce the instrument.\n\n 2. The person making payment may recover from any warrantor for breach of\n warranty an amount equal to the amount paid plus expenses and loss of interest\n resulting from the breach.\n\ne. The warranties stated in subsections (a) and (d) cannot be disclaimed with\nrespect to checks. Unless notice of a claim for breach of warranty is given to\nthe warrantor within thirty days after the claimant has reason to know of the\nbreach and the identity of the warrantor, the liability of the warrantor under\nsubsection (b) or (d) is discharged to the extent of any loss caused by the\ndelay in giving notice of the claim.\n\nf. A cause of action for breach of warranty under this section accrues when the\nclaimant has reason to know of the breach.\n\nHISTORY: Code 1950, \u00a7\u00a7 6-417, 6-421; 1964, c. 219, \u00a7 8.3-417; 1992, c. 693.","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}}