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N.C. Gen. Stat. § 25-2-209

Modification, rescission, and waiver

Known as the Uniform Commercial Code

The act spans §§ 25–25 (616 sections).

Applied in 7 court decisions — leading case 105 N.C. App. 258 - Mulberry-Fairplains Water Ass'n, Inc. v. Town of North Wilkesboro (1992)

Most recently applied in Carolina Home Sols. 1, Inc. v. Crystal Coast Home Sols., Inc. (August 2017)

1965, c. 700, s. 1; 2025-25, s. 120.

How often courts cite this section

199220002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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

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excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants this requirement on a form supplied by the merchant must be separately signed by the other party.

(c) The requirements of the statute of frauds section of this Article (G.S. 25-2-201) must be satisfied if the contract as modified is within its provisions.

(d) Although an attempt at modification or rescission does not satisfy the requirements of subsection (b) or (c) of this section, it can operate as a waiver.

(e) A party that 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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.