Florida Statute 672.105 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.105

672.105 Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit.”—

(1) “Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action. “Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (s. 672.107).

(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.

(3) There may be a sale of a part interest in existing identified goods.

(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common.

(5) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.

(6) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.

History.—s. 1, ch. 65-254.

Note.—s. 2-105, U.C.C.; supersedes s. 678.54.

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Amendments to 672.105

Annotations, Discussions, Cases:

Cases Citing Statute 672.105

Total Results: 20

Cardozo v. True

342 So. 2d 1053, 21 U.C.C. Rep. Serv. (West) 69

District Court of Appeal of Florida | Filed: Feb 23, 1977 | Docket: 2545972

Cited 18 times | Published

C. is sufficiently broad to include books. Section 672.105, Florida Statutes. Cf. Lake Wales Publishing

B. Anders Nyquist and Harriet Nyquist v. Dale Randall, Donald Berry, Janet Melear, Etc.

819 F.2d 1014, 3 U.C.C. Rep. Serv. 2d (West) 1823, 1987 U.S. App. LEXIS 7774

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 1987 | Docket: 882912

Cited 15 times | Published

value on the market or in use." Fla.Stat.Ann. § 672.105 (emphasis added). 15 . The section

US Fid. & Guar. Co. v. N. Am. Steel Corp.

335 So. 2d 18, 19 U.C.C. Rep. Serv. (West) 1343

District Court of Appeal of Florida | Filed: Jul 7, 1976 | Docket: 2517364

Cited 13 times | Published

fabricated pipes are goods defined in Fla.Stat § 672.105 and that under Fla. Stat. § 672.606(1)(b) Lurgi

Armadillo Distribution Enterprises, Inc. v. Hai Yun Musical Instruments Manufacture Co.

142 F. Supp. 3d 1245, 93 Fed. R. Serv. 3d 40, 88 U.C.C. Rep. Serv. 2d (West) 41, 2015 U.S. Dist. LEXIS 150398, 2015 WL 6750813

District Court, M.D. Florida | Filed: Nov 5, 2015 | Docket: 64305140

Cited 7 times | Published

(defining the scope of Florida’s U.C.C.); Fla. Stat. § 672.105(1) (defining goods to include specially-manufactured

Zell v. Cobb

566 So. 2d 806, 1990 WL 70492

District Court of Appeal of Florida | Filed: May 29, 1990 | Docket: 547564

Cited 3 times | Published

investment securities. However, the comments to section 672.105, Florida Statutes, the section that defines

Seiler v. Hadley (In Re GIC Government Securities)

64 B.R. 161, 2 U.C.C. Rep. Serv. 2d (West) 603, 1986 Bankr. LEXIS 5670

United States Bankruptcy Court, M.D. Florida | Filed: Jul 17, 1986 | Docket: 1777551

Cited 3 times | Published

Uniform Commercial Code, adopted by Florida Statute § 672.105(1), expressly excludes investment securities such

Capital Associates, Inc. v. Hudgens

455 So. 2d 651, 39 U.C.C. Rep. Serv. (West) 66

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 1317087

Cited 3 times | Published

chapter applies to transactions in goods... ." Section 672.105(1), in turn, defines goods as "all things (including

Wolf Ridge Plastics v. Jacksonville Elec.

388 So. 2d 1298

District Court of Appeal of Florida | Filed: Oct 7, 1980 | Docket: 419788

Cited 3 times | Published

the meaning of the Uniform Commercial Code, Section 672.105. [4] Letter from Au's attorney to Wolf Ridge's

Allied Shelving & Equipment, Inc. v. National Deli, LLC

154 So. 3d 482, 2015 Fla. App. LEXIS 136, 2015 WL 72487

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621526

Cited 2 times | Published

securities (chapter 678) and things in action.” § 672.105(1), Fla. Stat. (2011). The term “services,” conversely

Kit Car World, Inc. v. Skolnick

616 So. 2d 1051

District Court of Appeal of Florida | Filed: Apr 2, 1993 | Docket: 1726809

Cited 2 times | Published

requires that a sale of goods actually occur. Section 672.105(2), Florida Statutes (1991), states that goods

Equico Lessors, Inc. v. Maruka Machinery Corp. of America

523 So. 2d 665, 13 Fla. L. Weekly 704, 5 U.C.C. Rep. Serv. 2d (West) 992, 1988 Fla. App. LEXIS 1067, 1988 WL 21663

District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 64634185

Cited 2 times | Published

to sell them does not void the contract. See § 672.105(2), Fla. Stat. (1979). As the appellant argues

Dade County v. Rohr Industries, Inc.

826 F.2d 983, 4 U.C.C. Rep. Serv. 2d (West) 770

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 1987 | Docket: 66227983

Cited 2 times | Published

statute of limitations argument. . Fla.Stat. § 672-105(1) defines goods in the following manner: ...

American Zurich Insurance Co. v. St. George Crystal, Ltd.

870 So. 2d 243, 2004 Fla. App. LEXIS 3882, 2004 WL 592426

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 64829658

Cited 1 times | Published

meet the definition of “goods” contained in section 672.105, the parties’ agreement was for a transaction

AASI Creditor Liquidating Trust ex rel. Welt v. Oracle USA, Inc. (In re All American Semiconductor, Inc.)

490 B.R. 418

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 25, 2013 | Docket: 65784987

Published

(chapter 678) and things in action.” Fla. Stat. § 672.105(1). Often contracts are both for goods and services

Branch Banking & Trust Co. v. M/Y Beowulf

883 F. Supp. 2d 1199, 2012 WL 2064570, 2012 U.S. Dist. LEXIS 79138

District Court, S.D. Florida | Filed: Jun 7, 2012 | Docket: 65984035

Published

meets the definition of “goods” contained in § 672.105, the statute of frauds provided in Article 2 of

In Re Edgerton

186 B.R. 143, 1995 Bankr. LEXIS 1275, 1995 WL 534616

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 1995 | Docket: 1111749

Published

[3] Fla.Stat. § 672.102 (1965). [4] Fla.Stat. § 672.105(1) (1965). [5] Fla.Stat. § 672.106 (1965). [6]

Mahler v. Allied Marine

513 So. 2d 677, 12 Fla. L. Weekly 2065

District Court of Appeal of Florida | Filed: Aug 25, 1987 | Docket: 1689504

Published

Ships are "goods" under the UCC in Florida. § 672.105(1), Fla. Stat. (1985); Puamier v. Barge BT 1793

La Rosa v. Fortier

492 So. 2d 425, 11 Fla. L. Weekly 1607

District Court of Appeal of Florida | Filed: Jul 23, 1986 | Docket: 1518600

Published

part-interest in goods is considered a sale of goods, section 672.105(3), Florida Statutes (1983), and it is undisputed

Crawford v. Gold Kist, Inc.

614 F. Supp. 682, 41 U.C.C. Rep. Serv. (West) 333, 1985 U.S. Dist. LEXIS 18932

District Court, M.D. Florida | Filed: Jun 13, 1985 | Docket: 2008678

Published

Uniform Commercial Code treatment of sales. See Section 672.105(1), Florida Statutes. The plaintiff bears the

Quality Fruit Buyers, Inc. v. Killarney Fruit Co.

269 So. 2d 424, 11 U.C.C. Rep. Serv. (West) 715, 1972 Fla. App. LEXIS 5898

District Court of Appeal of Florida | Filed: Nov 22, 1972 | Docket: 64528837

Published

not apply. Quality next asserts that Fla. Stat. § 672.105(2), F.S.A., renders the transaction void. This