Register to get FREE access

The UCC allows a buyer to revoke acceptance of a substantially impaired commercial unit under two separate and distinct circumstances. The first circumstance is when the buyer knows of the nonconformity, the buyer accepts the nonconforming unit with a reasonable assumption that the nonconformity will be cured, and the seller fails to seasonably cure it. 810 ILCS 5/2-608(1)(a) (West 2014). The second is when the buyer accepts the nonconforming unit without knowledge of the nonconformity and either the nonconformity was difficult to discover or the seller assured her that the unit conformed to the specifications. Id. § 2-608(1)(b).


Both situations contemplate a nonconformity ...