Tex. Bus. & Com. Code § 2A.518 · Subchapter E. DEFAULT
COVER; SUBSTITUTE GOODS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) After default by a lessor under the lease contract of the type described by Section 2A.508(a), or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
(b) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties (Sections 1.302 and 2A.503), if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (1) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (2) any incidental or consequential damages, less expenses saved as a consequence of the lessor's default.
(c) If the lessee's cover is by lease agreement that for any reason does not qualify for treatment under Subsection (b) or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and Section 2A.519 governs.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 542, Sec. 6, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2A.htm
- Text hash
- sha256 3d5640f643e52e57bfcffc84e3ae7c157067296e6fdf04694373035914911d92
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
- Tex. Bus. & Com. Code § 1.302VARIATION BY AGREEMENT.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.503MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.504LIQUIDATION OF DAMAGES.Printed as Section 2A.504
- Tex. Bus. & Com. Code § 2A.508LESSEE'S REMEDIES.Printed as Section 2A.508(a)
- Tex. Bus. & Com. Code § 2A.519LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS.Printed as Section 2A.519
Cited by 2 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2A.518. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.