New Mexico § 55-2-209 Modification, rescission and waiver

New Mexico Statutes

§ 55-2-209 — Modification, rescission and waiver

New Mexico § 55-2-209

Ch. 55Uniform Commercial Code

Art. 2Sales

This text of New Mexico § 55-2-209 (Modification, rescission and waiver) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 55-2-209 (2026).

Text

(1)An agreement modifying a contract within this article needs no consideration to be binding.

(2)A signed agreement that excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

(3)The requirements of the statute of frauds section of this article (Section 55-2-201 NMSA 1978) must be satisfied if the contract as modified is within its provisions.

(4)Although an attempt at modification or rescission does not satisfy the requirements of Subsection (2) or (3) of this section, it can operate as a waiver.

(5)A party who has made a waiver affecting an executory portion of the contract may r

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(1) An agreement modifying a contract within this article needs no consideration to be binding. (2) A signed agreement that excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party. (3) The requirements of the statute of frauds section of this article (Section 55-2-201 NMSA 1978) must be satisfied if the contract as modified is within its provisions. (4) Although an attempt at modification or rescission does not satisfy the requirements of Subsection (2) or (3) of this section, it can operate as a waiver. (5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.