Contracts: Performance: Performance of K's for Sale of Goods: Revocation of Acceptance of the Goods

    • Revocation of Acceptance of the Goods
      • General Rule: Once a buyer accepts, the buyer cannot revoke acceptance.
      • [Narrow] Exception: A buyer can revoke acceptance of goods only if the non-conformity (1) substantially impairs their value and (2) was difficult to discover. (latent defect).
        • Monk buys a mobile home on July 7 and moves in that day. On Sept. 9, it rains for the first time. Monk then discovers hairline cracks in the roof.
          • Monk cannot reject because by living in the mobile home for more than 2 months, Monk has impliedly accepted. Therefore, it’s too late for Monk to reject.
          • Monk can revoke his acceptance of the mobile home because hairline cracks substantially impair its value, and they are difficult to discover. He can revoke his acceptance within a reasonable time after he discovers them.
      • BAR TIP: Whether a buyer rejects goods or revokes acceptance of goods, she can return the goods to the seller, get her money back, and sue the seller for breach. Rejection and revocation of acceptance are different paths to the same end.