Florida Statutes

Fla. Stat. § 672.302 (2025)

Unconscionable contract or clause.

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672.302 Unconscionable contract or clause.—

(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.

History.—s. 1, ch. 65-254.

Note.—s. 2-302, U.C.C.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1975–2024 · leading case: Sellers v. Frank Griffin AMC Jeep, Inc., 526 So. 2d 147 (Fla. 1st DCA 1988).

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Sellers v. Frank Griffin AMC Jeep, Inc., 526 So. 2d 147 (Fla. 1st DCA 1988). · cites it 4× “102 subject to the prohibition against unconscionable clauses found in section 672.302. The trial court distinguished Capital Associates because section 672.”

Fleeman v. Case, 342 So. 2d 815 (Fla. 1976). · cites it 2× “[6] See, for example, § 672.302, Fla. Stat.: " Unconscionable contract or clause.”

Steinhardt v. Rudolph, 422 So. 2d 884 (Fla. 3d DCA 1982). · cites it 2× “" Restatement (Second) of Contracts § 208 (1979); see also § 672.302, Fla. Stat. (1981). At common law, an unconscionable, and thus unenforceable, contract or term therein was defined as one which "[n]o man in his senses and not one under delusion would make on the one hand, and…”

Holt v. O'Brien Imports of Fort Myers, Inc., 862 So. 2d 87 (Fla. 2d DCA 2003). · cites it 2× “03, to have the court decide certain gateway issues and under section 672.302, Florida Statutes (2000), to have the court determine whether the agreement is unconscionable.”

Presidential Leasing, Inc. v. Krout, 896 So. 2d 938 (Fla. 5th DCA 2005). · cites it 2× “to have the court decide certain gateway issues and under section 672.302, Florida Statutes (2000), to have the court determine whether the agreement is unconscionable.”

Fotomat Corp. of Fla. v. Chanda, 464 So. 2d 626 (Fla. 5th DCA 1985). · cites it 2× “See section 672.302, Florida Statutes (1981).”

Credit All. Corp. v. Westland Mach. Co., 439 So. 2d 332 (Fla. 3d DCA 1983). · cites it 3× “Relying on section 672.302, Florida Statutes (1981), Westland argues that such a contractual provision, concededly buried in boiler plate, is unconscionable.”

McCabe v. Daimler AG, 948 F. Supp. 2d 1347 (N.D. Ga. 2013). “5; Fla. Stat. § 672.302 ; 810 III Comp. Stat.”

Capital Assocs., Inc. v. Hudgens, 455 So. 2d 651 (Fla. 4th DCA 1984). · cites it 11× “See Uniform Commercial Code Comment, § 672.302, Fla. Stat. Ann. (1978); Fairfield Lease Corp.”

FOOD Assocs. INC. v. Capital Assocs., Inc., 491 So. 2d 345 (Fla. 4th DCA 1986). · cites it 3× “Section 672.302 provides: (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the…”

Garrett v. Janiewski, 480 So. 2d 1324 (Fla. 4th DCA 1985). “section 2-302 is codified in Florida as section 672.302.”

In re Tousa, Inc., 503 B.R. 499 (Bankr. S.D. Florida 2014). “UCC Article 2 applies solely to the sale of goods and is entirely inapplicable to a contract for the sale of real property. Even if Article 2 of the UCC could be used by analogy or as a reference point, a finding of unconscionability under UCC § 2-302, Fla.”

Show all 19 citing cases →

— 672.302(1) — 1 case

Varner v. BL Lanier Fruit Co., Inc., 370 So. 2d 61 (Fla. 2d DCA 1979).

— 672.302(2) — 2 cases

FOOD Assocs. INC. v. Capital Assocs., Inc., 491 So. 2d 345 (Fla. 4th DCA 1986). “Section 672.302 provides: (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the…”

Capital Assocs., Inc. v. Hudgens, 455 So. 2d 651 (Fla. 4th DCA 1984). “See Uniform Commercial Code Comment, § 672.302, Fla. Stat. Ann. (1978); Fairfield Lease Corp.”

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