Iowa Code § 554.2209

Current through bills signed by governor as of 5/17/2024
Section 554.2209 - [Effective 7/1/2024] Modification, rescission and waiver
1. An agreement modifying a contract within this Article needs no consideration to be binding.
2. A signed agreement which excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.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 554.2201 ) 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 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.

Iowa Code § 554.2209

Amended by 2024 Iowa SF 2389,s 21, eff. 7/1/2024.
C24, 27, 31, 35, 39, §9990; C46, 50, 54, 58, 62, § 554.62; C66, 71, 73, 75, 77, 79, 81, § 554.2209

Referred to in §554.1303

This section is set out more than once due to postponed, multiple, or conflicting amendments.