Colorado Revised Statutes

Colo. Rev. Stat. § 4-9-602 (2026)

Waiver and variance of rights and duties

✓ current as of July 2026
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Except as otherwise provided in section 4-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:

(1) Section 4-9-207 (b)(4)(C), which deals with use and operation of the collateral by the secured party;

(2) Section 4-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) Section 4-9-607 (c), which deals with collection and enforcement of collateral;

(4) Sections 4-9-608 (a) and 4-9-615 (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) Sections 4-9-608 (a) and 4-9-615 (d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) Section 4-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

(7) Sections 4-9-610 (b), 4-9-611, 4-9-613, and 4-9-614, which deal with disposition of collateral;

(8) Section 4-9-615 (f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;

(9) Section 4-9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10) Section 4-9-620, 4-9-621, and 4-9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11) Section 4-9-623, which deals with redemption of collateral;

(12) Section 4-9-624, which deals with permissible waivers; and

(13) Sections 4-9-625 and 4-9-626, which deal with the secured party's liability for failure to comply with this article.

Source: L. 2001: Entire article R&RE, p. 1398, § 1, effective July 1.

Editor's note: This section is similar to former § 4-9-501 (3) as it existed prior to 2001.

Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: Glover v. Innis, 252 P.3d 1204 (Colo. Ct. App. 2011).
Glover v. Innis, 252 P.3d 1204 (Colo. Ct. App. 2011). “See § 4-9-602, C.R.$.2010 (providing that debtor or obligor in secured transaction may not waive certain rights); § 4-9-624, C.”
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