1.9.4 Revocation of Acceptance and Other Self-Help Remedies
One of the unique aspects of the UCC is that it provides the consumer with three self-help remedies for breach of warranty, as detailed in Chapter 8, infra. Before the consumer accepts a good, the consumer may reject it. The buyer must give the seller proper notice and must, in certain circumstances, provide the seller with an opportunity to cure the defect.465
Even after acceptance, if there is a substantial nonconformity, the consumer may revoke acceptance by giving notice to the seller.466 Revocation is allowed if the buyer accepted the goods without knowledge of the nonconformity or on the reasonable assumption that the seller would cure it.467 In some cases, revocation of acceptance is allowed years after the sale, and even if the consumer continues to use the goods.468 There is no requirement that the seller have an opportunity to cure.
Upon either revocation or rejection, the buyer has the right to cancel the sale and receive a refund. If the seller will not refund the consumer’s payments, the UCC allows the consumer to sell the goods, with the proceeds thus reimbursing the consumer.469 The consumer may also sue for any damages.
A third self-help remedy allows the consumer, after proper notice to the seller, to deduct the damages resulting from the warranty breach from the outstanding balance owed to the seller or its assignee.470 The buyer’s damages thus can be a basis to withhold installment payments, which would make wrongful any repossession resulting from that nonpayment.