{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-602.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-602.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-602.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-602.html"}],"law_id":74406,"edition_id":1,"section_id":74406,"structure_id":15263,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","history":"1964, c. 219, \u00a7 8.9-501; 1973, c. 509; 2000, c. 1007.","full_text":"Except as otherwise provided in \u00a7 8.9A-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:\n\n1\n\n§ 8.9A-207 (b) (4) (C), which deals with use and operation of the collateral by the secured party;2\n\n§ 8.9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;3\n\n§ 8.9A-607 (c), which deals with collection and enforcement of collateral;4\n\n§§ 8.9A-608 (a) and 8.9A-615 (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;5\n\n§§ 8.9A-608 (a) and 8.9A-615 (d) to the extent that they require accounting for or payment of surplus proceeds of collateral;6\n\n§ 8.9A-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;7\n\n§§ 8.9A-610 (b), 8.9A-611, 8.9A-613, and 8.9A-614, which deal with disposition of collateral;8\n\n§ 8.9A-615 (f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;9\n\n§ 8.9A-616, which deals with explanation of the calculation of a surplus or deficiency;10\n\n§§ 8.9A-620, 8.9A-621, and 8.9A-622, which deal with acceptance of collateral in satisfaction of obligation;11\n\n§ 8.9A-623, which deals with redemption of collateral;12\n\n§ 8.9A-624, which deals with permissible waivers; and13\n\n§§ 8.9A-625 and 8.9A-626, which deal with the secured party’s liability for failure to comply with this title.","order_by":null,"text":{"0":{"id":267401,"text":"Except as otherwise provided in \u00a7 8.9A-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":267402,"text":"§ 8.9A-207 (b) (4) (C), which deals with use and operation of the collateral by the secured party;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":267403,"text":"§ 8.9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":267404,"text":"§ 8.9A-607 (c), which deals with collection and enforcement of collateral;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":267405,"text":"§§ 8.9A-608 (a) and 8.9A-615 (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":267406,"text":"§§ 8.9A-608 (a) and 8.9A-615 (d) to the extent that they require accounting for or payment of surplus proceeds of collateral;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":267407,"text":"§ 8.9A-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":267408,"text":"§§ 8.9A-610 (b), 8.9A-611, 8.9A-613, and 8.9A-614, which deal with disposition of collateral;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":267409,"text":"§ 8.9A-615 (f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":267410,"text":"§ 8.9A-616, which deals with explanation of the calculation of a surplus or deficiency;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":267411,"text":"§§ 8.9A-620, 8.9A-621, and 8.9A-622, which deal with acceptance of collateral in satisfaction of obligation;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":267412,"text":"§ 8.9A-623, which deals with redemption of collateral;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":267413,"text":"§ 8.9A-624, which deals with permissible waivers; and","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":267414,"text":"§§ 8.9A-625 and 8.9A-626, which deal with the secured party’s liability for failure to comply with this title.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12"}},"ancestry":[{"id":15263,"edition_id":1,"name":"Default and Enforcement of Security Interest","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":15262,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284295,"object_type":"structure","relational_id":15263,"identifier":"1","token":"8.9A\/6\/1","url":"\/8.9A\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15262,"edition_id":1,"name":"Default","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284293,"object_type":"structure","relational_id":15262,"identifier":"6","token":"8.9A\/6","url":"\/8.9A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87391,"structure_id":15263,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","metadata":false},{"id":74406,"structure_id":15263,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","metadata":false},{"id":69348,"structure_id":15263,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},{"id":61411,"structure_id":15263,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","metadata":false},{"id":69925,"structure_id":15263,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","metadata":false},{"id":82913,"structure_id":15263,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},{"id":78656,"structure_id":15263,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","url":"\/8.9A-607\/","token":"8.9A\/6\/1\/8.9A-607","metadata":false},{"id":58414,"structure_id":15263,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","url":"\/8.9A-608\/","token":"8.9A\/6\/1\/8.9A-608","metadata":false},{"id":76317,"structure_id":15263,"section_number":"8.9A-609","catch_line":"Secured party's right to take possession after default","url":"\/8.9A-609\/","token":"8.9A\/6\/1\/8.9A-609","metadata":false},{"id":83035,"structure_id":15263,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","url":"\/8.9A-610\/","token":"8.9A\/6\/1\/8.9A-610","metadata":false},{"id":69700,"structure_id":15263,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","url":"\/8.9A-611\/","token":"8.9A\/6\/1\/8.9A-611","metadata":false},{"id":60808,"structure_id":15263,"section_number":"8.9A-612","catch_line":"Timeliness of notification before disposition of collateral","url":"\/8.9A-612\/","token":"8.9A\/6\/1\/8.9A-612","metadata":false},{"id":72203,"structure_id":15263,"section_number":"8.9A-613","catch_line":"Contents and form of notification before disposition of collateral; general","url":"\/8.9A-613\/","token":"8.9A\/6\/1\/8.9A-613","metadata":false},{"id":83544,"structure_id":15263,"section_number":"8.9A-614","catch_line":"Contents and form of notification before disposition of collateral; consumer-goods transaction","url":"\/8.9A-614\/","token":"8.9A\/6\/1\/8.9A-614","metadata":false},{"id":63326,"structure_id":15263,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","url":"\/8.9A-615\/","token":"8.9A\/6\/1\/8.9A-615","metadata":false},{"id":58094,"structure_id":15263,"section_number":"8.9A-616","catch_line":"Explanation of calculation of surplus or deficiency","url":"\/8.9A-616\/","token":"8.9A\/6\/1\/8.9A-616","metadata":false},{"id":70895,"structure_id":15263,"section_number":"8.9A-617","catch_line":"Rights of transferee of collateral","url":"\/8.9A-617\/","token":"8.9A\/6\/1\/8.9A-617","metadata":false},{"id":74054,"structure_id":15263,"section_number":"8.9A-618","catch_line":"Rights and duties of certain secondary obligors","url":"\/8.9A-618\/","token":"8.9A\/6\/1\/8.9A-618","metadata":false},{"id":82499,"structure_id":15263,"section_number":"8.9A-619","catch_line":"Transfer of record or legal title","url":"\/8.9A-619\/","token":"8.9A\/6\/1\/8.9A-619","metadata":false},{"id":83620,"structure_id":15263,"section_number":"8.9A-620","catch_line":"Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral","url":"\/8.9A-620\/","token":"8.9A\/6\/1\/8.9A-620","metadata":false},{"id":69990,"structure_id":15263,"section_number":"8.9A-621","catch_line":"Notification of proposal to accept collateral","url":"\/8.9A-621\/","token":"8.9A\/6\/1\/8.9A-621","metadata":false},{"id":87445,"structure_id":15263,"section_number":"8.9A-622","catch_line":"Effect of acceptance of collateral","url":"\/8.9A-622\/","token":"8.9A\/6\/1\/8.9A-622","metadata":false},{"id":76014,"structure_id":15263,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","url":"\/8.9A-623\/","token":"8.9A\/6\/1\/8.9A-623","metadata":false},{"id":86883,"structure_id":15263,"section_number":"8.9A-624","catch_line":"Waiver","url":"\/8.9A-624\/","token":"8.9A\/6\/1\/8.9A-624","metadata":false}],"previous_section":{"id":87391,"structure_id":15263,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","metadata":false},"next_section":{"id":69348,"structure_id":15263,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-602\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 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 1964 \u201cActs\u201d aren\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 1973, chapter 509; in 2000, chapter 1007<\/a>.<\/p>","references":[{"id":87391,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","order_by":null,"url":"\/8.9A-601\/"},{"id":69348,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","order_by":null,"url":"\/8.9A-603\/"}],"refers_to":[{"id":62908,"section_number":"8.9A-207","catch_line":"Rights and duties of secured party having possession or control of collateral","order_by":null,"url":"\/8.9A-207\/"},{"id":78664,"section_number":"8.9A-210","catch_line":"Request for accounting; request regarding list of collateral or statement of account","order_by":null,"url":"\/8.9A-210\/"},{"id":78656,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","order_by":null,"url":"\/8.9A-607\/"},{"id":58414,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","order_by":null,"url":"\/8.9A-608\/"},{"id":76317,"section_number":"8.9A-609","catch_line":"Secured party's right to take possession after default","order_by":null,"url":"\/8.9A-609\/"},{"id":83035,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","order_by":null,"url":"\/8.9A-610\/"},{"id":69700,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","order_by":null,"url":"\/8.9A-611\/"},{"id":72203,"section_number":"8.9A-613","catch_line":"Contents and form of notification before disposition of collateral; general","order_by":null,"url":"\/8.9A-613\/"},{"id":83544,"section_number":"8.9A-614","catch_line":"Contents and form of notification before disposition of collateral; consumer-goods transaction","order_by":null,"url":"\/8.9A-614\/"},{"id":63326,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","order_by":null,"url":"\/8.9A-615\/"},{"id":58094,"section_number":"8.9A-616","catch_line":"Explanation of calculation of surplus or deficiency","order_by":null,"url":"\/8.9A-616\/"},{"id":83620,"section_number":"8.9A-620","catch_line":"Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral","order_by":null,"url":"\/8.9A-620\/"},{"id":69990,"section_number":"8.9A-621","catch_line":"Notification of proposal to accept collateral","order_by":null,"url":"\/8.9A-621\/"},{"id":87445,"section_number":"8.9A-622","catch_line":"Effect of acceptance of collateral","order_by":null,"url":"\/8.9A-622\/"},{"id":76014,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","order_by":null,"url":"\/8.9A-623\/"},{"id":86883,"section_number":"8.9A-624","catch_line":"Waiver","order_by":null,"url":"\/8.9A-624\/"},{"id":62405,"section_number":"8.9A-625","catch_line":"Remedies for secured party's failure to comply with title","order_by":null,"url":"\/8.9A-625\/"},{"id":77315,"section_number":"8.9A-626","catch_line":"Action in which deficiency or surplus is in issue","order_by":null,"url":"\/8.9A-626\/"}],"permalink":{"id":284301,"object_type":"law","relational_id":74406,"identifier":"8.9A-602","token":"8.9A\/6\/1\/8.9A-602","url":"\/8.9A-602\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","dublin_core":{"Title":"Waiver and variance of rights and duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-602","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except as otherwise provided in \u00a7 8.9A-624<\/a>, to the extent that they give rights to a debtor or obligor and impose duties on a secured party<\/span>, the debtor or obligor may not waive<\/span> or vary the rules stated in the following listed sections:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> § 8.9A-207<\/a> (b) (4) (C), which deals with use and operation of the collateral<\/span> by the secured party<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> § 8.9A-210<\/a>, which deals with requests for an accounting and requests concerning a list of collateral<\/span> and statement of account; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> § 8.9A-607<\/a> (c), which deals with collection and enforcement of collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> §§ 8.9A-608<\/a> (a) and 8.9A-615<\/a> (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> §§ 8.9A-608<\/a> (a) and 8.9A-615<\/a> (d) to the extent that they require accounting for or payment of surplus proceeds of collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> § 8.9A-609<\/a> to the extent that it imposes upon a secured party<\/span> that takes possession<\/span> of collateral<\/span> without judicial process the duty to do so without breach of the peace; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> §§ 8.9A-610<\/a> (b), 8.9A-611<\/a>, 8.9A-613<\/a>, and 8.9A-614<\/a>, which deal with disposition<\/span> of collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> § 8.9A-615<\/a> (f), which deals with calculation of a deficiency or surplus when a disposition<\/span> is made to the secured party<\/span>, a person related to the secured party<\/span>, or a secondary obligor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> § 8.9A-616<\/a>, which deals with explanation of the calculation of a surplus or deficiency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> §§ 8.9A-620<\/a>, 8.9A-621<\/a>, and 8.9A-622<\/a>, which deal with acceptance of collateral<\/span> in satisfaction of obligation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> § 8.9A-623<\/a>, which deals with redemption<\/span> of collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> § 8.9A-624<\/a>, which deals with permissible waivers<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> §§ 8.9A-625<\/a> and 8.9A-626<\/a>, which deal with the secured party<\/span>’s liability for failure to comply with this title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWAIVER AND VARIANCE OF RIGHTS AND DUTIES (\u00a7 8.9A-602)\n\nExcept as otherwise provided in \u00a7 8.9A-624, to the extent that they give rights\nto a debtor or obligor and impose duties on a secured party, the debtor or\nobligor may not waive or vary the rules stated in the following listed sections:\n\n1. § 8.9A-207 (b) (4) (C), which deals with use and operation of the\ncollateral by the secured party;\n\n2. § 8.9A-210, which deals with requests for an accounting and requests\nconcerning a list of collateral and statement of account;\n\n3. § 8.9A-607 (c), which deals with collection and enforcement of\ncollateral;\n\n4. §§ 8.9A-608 (a) and 8.9A-615 (c) to the extent that they deal with\napplication or payment of noncash proceeds of collection, enforcement, or\ndisposition;\n\n5. §§ 8.9A-608 (a) and 8.9A-615 (d) to the extent that they require\naccounting for or payment of surplus proceeds of collateral;\n\n6. § 8.9A-609 to the extent that it imposes upon a secured party that takes\npossession of collateral without judicial process the duty to do so without\nbreach of the peace;\n\n7. §§ 8.9A-610 (b), 8.9A-611, 8.9A-613, and 8.9A-614, which deal with\ndisposition of collateral;\n\n8. § 8.9A-615 (f), which deals with calculation of a deficiency or surplus\nwhen a disposition is made to the secured party, a person related to the secured\nparty, or a secondary obligor;\n\n9. § 8.9A-616, which deals with explanation of the calculation of a surplus\nor deficiency;\n\n10. §§ 8.9A-620, 8.9A-621, and 8.9A-622, which deal with acceptance of\ncollateral in satisfaction of obligation;\n\n11. § 8.9A-623, which deals with redemption of collateral;\n\n12. § 8.9A-624, which deals with permissible waivers; and\n\n13. §§ 8.9A-625 and 8.9A-626, which deal with the secured\nparty’s liability for failure to comply with this title.\n\nHISTORY: 1964, c. 219, \u00a7 8.9-501; 1973, c. 509; 2000, c. 1007.","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}}