Florida Statutes

Fla. Stat. § 671.207 (2025)

Performance or acceptance under reservation of rights.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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671.207 Performance or acceptance under reservation of rights.—

(1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient.

(2) Subsection (1) does not apply to an accord and satisfaction.

History.—s. 1, ch. 65-254; s. 4, ch. 92-82.

Note.—s. 1-207, U.C.C.

Notes of Decisions

Cited in 4 cases, 1978–1992 · leading case: Eder v. Yvette B. Gervey Interiors, Inc., 407 So. 2d 312 (Fla. 4th DCA 1981).

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Eder v. Yvette B. Gervey Interiors, Inc., 407 So. 2d 312 (Fla. 4th DCA 1981). · cites it 5× “Put another way, the question is whether Section 671.207, Florida Statutes (1979), (section 1-207 of the Uniform Commercial Code), applies to final payment for goods or services.”

Miller v. Jung, 361 So. 2d 788 (Fla. 2d DCA 1978). · cites it 5× “We hold that Section 671.207, Florida Statutes (1977) precludes the conclusion reached by the trial court.”

Burke Co. v. Hilton Dev. Co., 802 F. Supp. 434 (N.D. Fla. 1992). · cites it 4× “§ 671.207 abrogates the common law doctrine of accord and satisfaction and, instead, provides a mechanism whereby a creditor can negotiate a debtor’s full payment check and, at the same time, preserve its right to payment under the former agreement.”

Hannah v. James A. Ryder Corp., 380 So. 2d 507 (Fla. 3d DCA 1980). · cites it 2× “, § 671.207, Fla. Stat. (1977) has effected a complete reversal of the common law rule cited supra; so that a payee who cashes a check tendered in full payment may now avoid an accord and satisfaction by endorsing it "under protest" or with a reservation of rights.”

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