Illinois Compiled Statutes
810 ILCS 5/2-607 (2026)
Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
✓ current as of May 2026
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(810 ILCS 5/2-607)
(from Ch. 26, par. 2-607)
Sec. 2-607.
Effect of acceptance; notice of breach; burden of establishing breach after
acceptance; notice of claim or litigation to person answerable over.
(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods
accepted and if made with knowledge of a non-conformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that
the non-conformity would be seasonably cured but acceptance does not of
itself impair any other remedy provided by this Article for non-conformity.
(3) Where a tender has been accepted
(a) the buyer must within a reasonable time after he | discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and |
(b) if the claim is one for infringement or the like | (subsection (3) of Section 2-312 and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation. |
(4) The burden is on the buyer to establish any breach with respect to
the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other obligation
for which his seller is answerable over
(a) he may give his seller written notice of the | litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound. |
(b) if the claim is one for infringement or the like | (subsection (3) of Section 2-312 the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred. |
(6) The provisions of subsections (3), (4) and (5) apply to any
obligation of a buyer to hold the seller harmless against infringement or
the like (subsection (3) of Section 2-312.
(Source: Laws 1961, p. 2101.)
Notes of Decisions
Cited in 49
cases (29 in the last 5 years), 1994–2025 · leading case: Connick v. Suzuki Motor Co., Ltd., 675 N.E.2d 584 (Ill. 1996).
Connick v. Suzuki Motor Co., Ltd., 675 N.E.2d 584 (Ill. 1996). “810 ILCS 5/2-607(3) (West 1994); 13 Pa.Cons.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Code § ll-2-607(3)(a); Idaho Code § 28-2-607 (3)(a); 810 ILCS 5/2-607(3)(a); Me. Rev. Stat. tit.”
Baranco v. Ford Motor Co., 294 F. Supp. 3d 950 (N.D. Cal. 2018). “See 810 ILCS 5/2-607(3)(a) ; N.Y. U.C.C. § 2-607 (3)(a) ; Cal.”
Maldonado v. Creative Woodworking Concepts, Inc., 694 N.E.2d 1021 (Ill. App. Ct. 1998). “2d 550 (1974)), [1] they failed to allege that they notified Creative of the defect as required by section 2-607(3)(a) of the UCC (810 ILCS 5/2-607(3)(a) (West 1996)). Section 2-607(3)(a) imposes a duty upon every buyer who has accepted goods to give notice of an alleged breach…”
Terrazzino v. Wal-Mart Stores, Inc., 335 F. Supp. 3d 1074 (E.D. Ill. 2018). “Breach of Warranty Claim Walmart also contends that Terrazzino fails to plead a breach of warranty claim adequately because she has not alleged pre-suit notice.”
Al Maha Trading & Contracting Holding Co. v. W.S. Darley & Co., 936 F. Supp. 2d 933 (N.D. Ill. 2013). “2d 584, 589 (1996) (citing 810 ILCS 5/2-607, Uniform Commercial Code Comment ¶ 4) (internal quotations omitted).”
Andrews v. Carbon on 26th, LLC, 2025 IL 130862 (Ill. 2025). “” 810 ILCS 5/2-607 (West 2022). A notification of a breach of warranty claim is sufficient if it informs the seller that “the transaction is still troublesome and must be watched.”
Andrews v. Carbon On 26th, LLC, 2024 IL App (1st) 231369 (Ill. App. Ct. 2024). “” 810 ILCS 5/2-607(3)(a) (West 2022). The notice need not be a threat to sue; its content need only alert the seller that “the transaction is still troublesome and must be watched.”
In Re Mcdonald's French Fries Litig., 503 F. Supp. 2d 953 (N.D. Ill. 2007). “607(3)(a); 810 ILCS 5/2-607 (3)(A). This notice requirement is intended to encourage pre-suit settlement negotiations, see U.”
Anthony v. Country Life Mfg., LLC., 70 F. App'x 379 (7th Cir. 2003). “” The district court dismissed this count, *384 concluding that Anthony could not state an implied warranty of merchantability claim under Illinois law because she had failed to provide proper notice as required by 810 ILCS 5/2 — 607(3)(a).”
Stella v. LVMH Perfumes & Cosmetics USA, Inc., 564 F. Supp. 2d 833 (N.D. Ill. 2008). “§ 2-607; *837 810 ILCS 5/2-607 (3)(A). This notice requirement is intended to encourage pre-suit settlement negotiations, see U.”
Chicago Faucet Shoppe, Inc. v. Nestlé Waters North Am. Inc., 24 F. Supp. 3d 750 (N.D. Ill. 2014). “are not actionable under the ICFA’s safe-harbor provision, as they were specifically authorized by federal regulations; (4) the ICFA claim is barred by the three-year statute of limitation; (5) there can be no unjust enrichment claim because there was a contract governing the…”
— 810 ILCS 5/2-607(1) — 4 cases
Marmi E. Graniti D'Italia Sicilmarmi S.P.A. v. Universal Granite & Marble, 757 F. Supp. 2d 773 (N.D. Ill. 2010).
YCB Int'l, Inc. v. UCF Trading Co., 904 F. Supp. 2d 870 (N.D. Ill. 2012).
Van Hoekelen Greenhouses, Inc v. Work 6, Inc., 2023 IL App (1st) 220858-U (Ill. App. Ct. 2023).
Midwest Builders v. Lord & Essex (Ill. App. Ct. 2007).
— 810 ILCS 5/2-607(2) — 4 cases
North Am. Lighting, Inc. v. Hopkins Mfg. Corp., 37 F.3d 1253 (7th Cir. 1994).
Midwest Generation, LLC v. Carbon Processing & Reclamation, LLC, 445 F. Supp. 2d 928 (N.D. Ill. 2006).
YCB Int'l, Inc. v. UCF Trading Co., 904 F. Supp. 2d 870 (N.D. Ill. 2012).
Midwest Builders v. Lord & Essex (Ill. App. Ct. 2007).
— 810 ILCS 5/2-607(3) — 2 cases
Connick v. Suzuki Motor Co., Ltd., 675 N.E.2d 584 (Ill. 1996). “810 ILCS 5/2-607(3) (West 1994); 13 Pa.Cons.”
Al Maha Trading & Contracting Holding Co. v. W.S. Darley & Co., 936 F. Supp. 2d 933 (N.D. Ill. 2013). “2d 584, 589 (1996) (citing 810 ILCS 5/2-607, Uniform Commercial Code Comment ¶ 4) (internal quotations omitted).”
— 810 ILCS 5/2-607(3)(a) — 40 cases
Connick v. Suzuki Motor Co., Ltd., 675 N.E.2d 584 (Ill. 1996). “810 ILCS 5/2-607(3) (West 1994); 13 Pa.Cons.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Code § ll-2-607(3)(a); Idaho Code § 28-2-607 (3)(a); 810 ILCS 5/2-607(3)(a); Me. Rev. Stat. tit.”
Baranco v. Ford Motor Co., 294 F. Supp. 3d 950 (N.D. Cal. 2018). “See 810 ILCS 5/2-607(3)(a) ; N.Y. U.C.C. § 2-607 (3)(a) ; Cal.”
Maldonado v. Creative Woodworking Concepts, Inc., 694 N.E.2d 1021 (Ill. App. Ct. 1998). “2d 550 (1974)), [1] they failed to allege that they notified Creative of the defect as required by section 2-607(3)(a) of the UCC (810 ILCS 5/2-607(3)(a) (West 1996)). Section 2-607(3)(a) imposes a duty upon every buyer who has accepted goods to give notice of an alleged breach…”
Terrazzino v. Wal-Mart Stores, Inc., 335 F. Supp. 3d 1074 (E.D. Ill. 2018). “Breach of Warranty Claim Walmart also contends that Terrazzino fails to plead a breach of warranty claim adequately because she has not alleged pre-suit notice.”
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