Florida Statute 672.312 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.312

672.312 Warranty of title and against infringement; buyer’s obligation against infringement.—

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:

(a) The title conveyed shall be good, and its transfer rightful; and

(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in herself or himself or that the seller is purporting to sell only such right or title as she or he or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

History.—s. 1, ch. 65-254; s. 564, ch. 97-102.

Note.—s. 2-312, U.C.C.

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Amendments to 672.312

Arrestable Offenses / Crimes under Fla. Stat. 672.312

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.312.

Annotations, Discussions, Cases:

Cases Citing Statute 672.312

Total Results: 5

Maroone Chevrolet, Inc. v. Nordstrom

Court: District Court of Appeal of Florida | Date Filed: 1991-09-25

Citation: 587 So. 2d 514, 15 U.C.C. Rep. Serv. 2d (West) 759, 1991 Fla. App. LEXIS 9432, 1991 WL 186964

Snippet: committed a breach of warranty of title under section 672.312, Florida Statutes (1989); and (2) engaged in an

Hayes Leasing Systems, Inc. v. Ice House, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-04-10

Citation: 506 So. 2d 1073, 12 Fla. L. Weekly 1009, 4 U.C.C. Rep. Serv. 2d (West) 695, 1987 Fla. App. LEXIS 7637

Snippet: warranting title to the equipment pursuant to section 672.312, Florida Statutes (1985).1 The trial court’s finding

Lawson v. Turner

Court: District Court of Appeal of Florida | Date Filed: 1981-10-14

Citation: 404 So. 2d 424, 32 U.C.C. Rep. Serv. (West) 744

Snippet: guarantor of the bank note for Cox and Lawson. Section 672.312, Florida Statutes (1973) states: (1) Subject to

Bill Branch Chevrolet, Inc. v. Redmond

Court: District Court of Appeal of Florida | Date Filed: 1980-01-04

Citation: 378 So. 2d 319, 28 U.C.C. Rep. Serv. (West) 56, 1980 Fla. App. LEXIS 15413

Snippet: of the implied warranty of good title. Section 672.312, Fla. Stat.(1977). See Walker v. Hilliard, 329

Carter Hawley Hale Stores, Inc. v. Conley

Court: District Court of Appeal of Florida | Date Filed: 1979-06-19

Citation: 372 So. 2d 965, 26 U.C.C. Rep. Serv. (West) 860, 1979 Fla. App. LEXIS 15390

Snippet: 2-312 of the Uniform Commercial Code [Chapter 672.312, Florida Statutes]. In this connection, I find