2023 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 2 - Sales
Part 2 - FORM, FORMATION AND READJUSTMENT OF CONTRACT
Section 55-2-209 - Modification, rescission and waiver. (Effective January 1, 2024.)

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excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.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

History: 1953 Comp., § 50A-2-209, enacted by Laws 1961, ch. 96, § 2-209; 1978 Comp., § 55-2-209; 2023, ch. 142, § 11.

The 2023 amendment, effective January 1, 2024, in Subsection (2), after "a signed writing", added "or other signed record"; in Subsection (3), after "Section", deleted "2-201" and added "55-2-201 NMSA 1978"; and in Subsection (4), after "Subsection (2) or (3)", added "of this section".