Florida Statute 672.312 - 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. 672.312

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

Annotations, Discussions, Cases:

Cases Citing Statute 672.312

Total Results: 4

Maroone Chevrolet, Inc. v. Nordstrom

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

District Court of Appeal of Florida | Filed: Sep 25, 1991 | Docket: 1405825

Cited 8 times | Published

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

Bill Branch Chevrolet, Inc. v. Redmond

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

District Court of Appeal of Florida | Filed: Jan 4, 1980 | Docket: 1794747

Cited 7 times | Published

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

Lawson v. Turner

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

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1783297

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 10, 1987 | Docket: 64626984

Published

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