Florida Statute 672.209 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.209

672.209 Modification, rescission, and waiver.—

(1) An agreement modifying a contract within this chapter needs no consideration to be binding.

(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

(3) The requirements of the statute of frauds section of this chapter (s. 672.201) must be satisfied if the contract as modified is within its provisions.

(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.

(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

History.—s. 1, ch. 65-254.

Note.—s. 2-209, U.C.C.

F.S. 672.209 on Google Scholar

F.S. 672.209 on Casetext

Amendments to 672.209

Arrestable Offenses / Crimes under Fla. Stat. 672.209

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.209.

Annotations, Discussions, Cases:

Cases Citing Statute 672.209

Total Results: 5

Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

Citation: 45 So. 3d 897, 2010 Fla. App. LEXIS 14010, 2010 WL 3655812

Snippet: can only be modified in a signed writing. See § 672.209, Fla. Slat. (2009). The rule has *902been extended

Stewart v. J.P. Mach Agri-Marketing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-08-26

Citation: 641 So. 2d 202, 1994 Fla. App. LEXIS 8453, 1994 WL 460261

Snippet: CURIAM. The issue of applicability of sections 672.-209 and 672.201, Florida Statutes, was not raised

La Rosa v. Fortier

Court: District Court of Appeal of Florida | Date Filed: 1986-07-23

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

Snippet: contract, as well as to the original contract. See § 672.209(3), Fla. Stat. (1983). The final matter for our

Benasil Corp. v. Automated Medical Laboratories, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1983-02-08

Citation: 426 So. 2d 1161, 35 U.C.C. Rep. Serv. (West) 755, 1983 Fla. App. LEXIS 27731

Snippet: that the statute of frauds be satisfied. See § 672.209, Fla.Stat. (1981). Reversed and remanded.

Linear Corp. v. Standard Hardware Co.

Court: District Court of Appeal of Florida | Date Filed: 1982-12-06

Citation: 423 So. 2d 966, 35 U.C.C. Rep. Serv. (West) 1141, 1982 Fla. App. LEXIS 21829

Snippet: parties, and that this is in accord with Section 672.209(2), Florida Statutes. Appellant contends the alleged