The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-209)
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§ 2—209. 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or other signed record cannot be otherwise modified or rescinded, but except as between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 (§ 2—201) 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. (Amended 2025, No. 17, § 2, eff. July 1, 2025.)