Florida Statutes

Fla. Stat. § 672.106 (2025)

Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction.”

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672.106 Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction.”—

(1) In this chapter, unless the context clearly requires otherwise, the meaning of the terms “contract” and “agreement” is limited to those contracts and agreements relating to the present or future sale of goods. The term “contract for sale” includes both a present sale of goods and a contract to sell goods at a future time. A “sale” consists in the passing of title from the seller to the buyer for a price (s. 672.401). A “present sale” means a sale which is accomplished by the making of the contract.

(2) Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract.

(3) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. Upon termination, all obligations that are still executory on both sides are discharged but any right based on prior breach or performance survives.

(4) “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance.

(5) The term “hybrid transaction” means a single transaction involving a sale of goods and any of the following:

(a) The provision of services.

(b) A lease of other goods.

History.—s. 1, ch. 65-254; s. 41, ch. 2025-92.

Note.—s. 2-106, U.C.C.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1971–2021 · leading case: Delgado v. Jw Courtesy Pont. Gmc-truck, 693 So. 2d 602 (Fla. 2d DCA 1997).

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Delgado v. Jw Courtesy Pont. Gmc-truck, 693 So. 2d 602 (Fla. 2d DCA 1997). · cites it 3× “402(14), Fla.Stat.(1995) (defining "sale" to mean and include "or other contract .”

Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). · cites it 4× “revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it: (a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) Without discovery of such…”

In re Miami Metals I, Inc., 603 B.R. 727 (Bankr. S.D.N.Y. 2019). · cites it 3× “" Fla. Stat. Ann. § 672.106 (1) ; N.Y. U.C.”

Sellers v. Frank Griffin AMC Jeep, Inc., 526 So. 2d 147 (Fla. 1st DCA 1988). “" Section 672.106(1) defines "contract" and "contract for sale": In this chapter unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods.”

McCormick Mach., Inc. v. Julian E. Johnson & Sons, Inc., 523 So. 2d 651 (Fla. 1st DCA 1988). “" § 672.106. The parties' contractual obligations are determined by the language of the agreement itself, as well as the law governing commercial sales, Chapter 672, Florida Statutes (1985) (Uniform Commercial Code: Sales).”

Exim Brickell LLC v. PDVSA Servs. Inc., 516 F. App'x 742 (11th Cir. 2013). “See Fla. Stat. §§ 672.106 (4), 672.612(3). 18 .”

Sheppard v. Revlon, Inc., 267 So. 2d 662 (Fla. 3d DCA 1972). · cites it 2× “A sale is defined in § 672.106(1), Fla. Stat., F.S.A., § 2-106 of the Uniform Commercial Code, as follows: "672.”

Jim & Slim's Tool Supply, Inc. v. METRO COMMUN. CORP., 328 So. 2d 213 (Fla. 2d DCA 1976). “We think the "Statute of Frauds" provision thereof is therefore inapplicable as to them. [4] With respect to the materials supplied before the "guaranty" contract sued on, they were not delivered pursuant to a "contract for sale" within the definition thereof in the Uniform…”

Jauregui v. Bobb's Piano Sales & Serv., Inc., 922 So. 2d 303 (Fla. 3d DCA 2006). “See §§ 672.106(2), .601, .608, Fla. Stat. (2005); Barrington Homes of Fla.”

Martyn v. First Fed. Sav. & L. Ass'n of W. Palm Beach, 257 So. 2d 576 (Fla. 4th DCA 1971). “1969, section 672.106(1), F.S.A., is defined as: "A `sale' consists in the passing of title from the seller to the buyer for a price.”

Barrington Homes of Florida, Inc. v. Kelley, 320 So. 2d 841 (Fla. 2d DCA 1975). “) Clearly, and assuming arguendo that the defects complained of herein are "non-conforming" within the meaning of § 672.106, F.S. 1973 (the applicable "definitions" section relating to sales), appellees may revoke their acceptance of the mobile home herein under the quoted…”

Rozema v. Wilson, 419 So. 2d 1139 (Fla. 1st DCA 1982). “" Although Section 672.106(1) defines a contract or agreement as relating to the "present or future sale of goods," it contemplates there being a "contract for sale" in the first instance.”

Show all 18 citing cases →

— 672.106(1) — 7 cases

Delgado v. Jw Courtesy Pont. Gmc-truck, 693 So. 2d 602 (Fla. 2d DCA 1997). “402(14), Fla.Stat.(1995) (defining "sale" to mean and include "or other contract .”

Sheppard v. Revlon, Inc., 267 So. 2d 662 (Fla. 3d DCA 1972). “A sale is defined in § 672.106(1), Fla. Stat., F.S.A., § 2-106 of the Uniform Commercial Code, as follows: "672.”

— 672.106(2) — 4 cases

Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). “revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it: (a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) Without discovery of such…”

Jauregui v. Bobb's Piano Sales & Serv., Inc., 922 So. 2d 303 (Fla. 3d DCA 2006). “See §§ 672.106(2), .601, .608, Fla. Stat. (2005); Barrington Homes of Fla.”

John H. Phipps Broad. Stations, Inc. v. Int'l Harvester Co., 45 Fla. Supp. 82 (Fla. Cir. Ct. 1976).

Faust v. Sunrise Nissan of Orange Park, Inc., 40 Fla. Supp. 2d 111 (Fla. Cir. Ct. 1990).

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