Florida Statutes
Fla. Stat. § 672.312 (2025)
Warranty of title and against infringement; buyer’s obligation against infringement.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—s. 2-312, U.C.C.
Notes of Decisions
Cited in 5
cases, 1980–1991 · leading case: Maroone Chevrolet, Inc. v. Nordstrom, 587 So. 2d 514 (Fla. 4th DCA 1991).
Maroone Chevrolet, Inc. v. Nordstrom, 587 So. 2d 514 (Fla. 4th DCA 1991). “PROCEDURAL BACKGROUND Appellee's second amended complaint alleges that appellant: (1) committed a breach of warranty of title under section 672.312, Florida Statutes (1989); and (2) engaged in an unfair and deceptive trade practice under chapter 501, Florida Statutes (1989).”
Bill Branch Chevrolet, Inc. v. Redmond, 378 So. 2d 319 (Fla. 2d DCA 1980). “Appellee testified that he subsequently lost time from work and suffered business disadvantages because he was unable to use the vehicle without title and registration. The jury assessed actual damages in the amount of ,500.”
Lawson v. Turner, 404 So. 2d 424 (Fla. 1st DCA 1981). “Section 672.312, Florida Statutes (1973) states: (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…”
Hayes Leasing Sys., Inc. v. Ice House, Inc., 506 So. 2d 1073 (Fla. 2d DCA 1987). “Thus, the central *1075 issue before us is whether there was a sale of the equipment to Hayes which resulted in the Ice House warranting title to the equipment pursuant to section 672.312, Florida Statutes (1985).”
Bill Wallace Ford, Inc. v. Lamoureaux, 33 Fla. Supp. 2d 47 (Fla. Cty. Ct. 1988). “§ 672.312, Fla. Stat. (1987). Comment 1 to §672.”
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