Florida Statute 672.209 - 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. 672.209

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excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.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; s. 46, ch. 2025-92.

Note.—s. 2-209, U.C.C.

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Amendments to 672.209

Annotations, Discussions, Cases:

Cases Citing Statute 672.209

Total Results: 7

BMC Industries, Inc. v. Barth Industries, Inc.

160 F.3d 1322, 37 U.C.C. Rep. Serv. 2d (West) 63, 1998 U.S. App. LEXIS 29005, 1998 WL 799145

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1998 | Docket: 425541

Cited 64 times | Published

version of the UCC, from which Florida adopted section 672.209 verbatim), in which a panel of the Seventh

Linear Corp. v. Standard Hardware Co.

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

District Court of Appeal of Florida | Filed: Dec 6, 1982 | Docket: 399183

Cited 33 times | Published

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

BMC Industries v. Barth Industries

160 F.3d 1322

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1998 | Docket: 425572

Cited 22 times | Published

version of the UCC, from which Florida adopted section 672.209 verbatim), in which a panel of the Seventh

Tingley Systems, Inc. v. Healthlink, Inc.

509 F. Supp. 2d 1209, 2007 U.S. Dist. LEXIS 34023, 2007 WL 1365336

District Court, M.D. Florida | Filed: May 8, 2007 | Docket: 28458

Cited 11 times | Published

consideration under the U.C.C. See Fla. Stat. § 672.209(a). [5] Under the U.C.C., unambiguous terms may

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

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

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 110011

Cited 8 times | Published

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

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

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.

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

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 64595123

Published

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