(1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it:
(a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) Without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
(2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.
(3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.
(4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
(5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
§46-2A-103. Definitions and Index of Definitions
§46-2A-104. Leases Subject to Other Law
§46-2A-105. Territorial Application of Article to Goods Covered by Certificate of Title
§46-2A-107. Waiver or Renunciation of Claim or Right After Default
§46-2A-109. Option to Accelerate at Will
§46-2A-202. Final Written Expression: Parol or Extrinsic Evidence
§46-2A-204. Formation in General
§46-2A-206. Offer and Acceptance in Formation of Lease Contract
§46-2A-208. Modification, Rescission and Waiver
§46-2A-209. Lessee Under Finance Lease as Beneficiary of Supply Contract
§46-2A-210. Express Warranties
§46-2A-212. Implied Warranty of Merchantability
§46-2A-213. Implied Warranty of Fitness for Particular Purpose
§46-2A-214. Exclusion or Modification of Warranties
§46-2A-215. Cumulation and Conflict of Warranties Express or Implied
§46-2A-216. Third-Party Beneficiaries of Express and Implied Warranties
§46-2A-218. Insurance and Proceeds
§46-2A-220. Effect of Default on Risk of Loss
§46-2A-221. Casualty to Identified Goods
§46-2A-301. Enforceability of Lease Contract
§46-2A-302. Title to and Possession of Goods
§46-2A-304. Subsequent Lease of Goods by Lessor
§46-2A-305. Sale or Sublease of Goods by Lessee
§46-2A-306. Priority of Certain Liens Arising by Operation of Law
§46-2A-308. Special Rights of Creditors
§46-2A-309. Lessor's and Lessee's Rights When Goods Become Fixtures
§46-2A-310. Lessor's and Lessee's Rights When Goods Become Accessions
§46-2A-311. Priority Subject to Subordination
§46-2A-401. Insecurity; Adequate Assurance of Performance
§46-2A-402. Anticipatory Repudiation
§46-2A-403. Retraction of Anticipatory Repudiation
§46-2A-404. Substituted Performance
§46-2A-405. Excused Performance
§46-2A-406. Procedure on Excused Performance
§46-2A-407. Irrevocable Promises; Finance Leases
§46-2A–501. Default; Procedure
§46-2A-502. Notice After Default
§46-2A-503. Modification or Impairment of Rights and Remedies
§46-2A-504. Liquidation of Damages
§46-2A-506. Statute of Limitations
§46-2A-507. Proof of Market Rent; Time and Place
§46-2A-509. Lessee's Rights on Improper Delivery; Rightful Rejection
§46-2A-510. Installment Lease Contracts; Rejection and Default
§46-2A-511. Merchant Lessee's Duties as to Rightfully Rejected Goods
§46-2A-512. Lessee's Duties as to Rightfully Rejected Goods
§46-2A-513. Cure by Lessor of Improper Tender or Delivery; Replacement
§46-2A-514. Waiver of Lessee's Objections
§46-2A-515. Acceptance of Goods
§46-2A-517. Revocation of Acceptance of Goods
§46-2A–518. Cover; Substitute Goods
§46-2A-520. Lessee's Incidental and Consequential Damages
§46-2A-521. Lessee's Right to Specific Performance or Replevin
§46-2A-522. Lessee's Right to Goods on Lessor's Insolvency
§46-2A-524. Lessor's Right to Identify Goods to Lease Contract
§46-2A-525. Lessor's Right to Possession of Goods
§46-2A-526. Lessor's Stoppage of Delivery in Transit or Otherwise
§46-2A–527. Lessor's Rights to Dispose of Goods
§46-2A–528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
§46-2A-529. Lessor's Action for the Rent
§46-2A-530. Lessor's Incidental Damages
§46-2A-531. Standing to Sue Third Parties for Injury to Goods