Florida Statute 672.326 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.326

672.326 Sale on approval and sale or return; rights of creditors.—

(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:

(a) A “sale on approval” if the goods are delivered primarily for use, and

(b) A “sale or return” if the goods are delivered primarily for resale.

(2) Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer’s possession.

(3) Any “or return” term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this chapter (s. 672.201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (s. 672.202).

History.—s. 1, ch. 65-254; s. 572, ch. 97-102; s. 13, ch. 2001-198.

Note.—s. 2-326, U.C.C.

F.S. 672.326 on Google Scholar

F.S. 672.326 on Casetext

Amendments to 672.326

Arrestable Offenses / Crimes under Fla. Stat. 672.326

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.326.

Annotations, Discussions, Cases:

Cases Citing Statute 672.326

Total Results: 4

Lynch Austin Realty, Inc. v. Engler

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-15T23:53:00-08:00

Citation: 647 So. 2d 988

Snippet: damages sustained by Lynch. We look to section 672.326, Florida Statutes (1991), for guidance in resolving…creditor while in the buyer's possession. § 672.326(2). In order to prevail over a creditor's claim…supplier of the goods must comply with section 672.326(3) by providing some form of public notice of a…" 440 So.2d at 669. Thus, "[s]ection 672.326(3), Florida Statutes, was enacted for the purpose…statutorily required public notice under section 672.326(3) of any retained interest in this property either

Copy Service, Inc. v. Florida Copy Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-31T00:00:00-07:00

Citation: 527 So. 2d 247, 7 U.C.C. Rep. Serv. 2d (West) 760, 13 Fla. L. Weekly 1302, 1988 Fla. App. LEXIS 2237, 1988 WL 53045

Snippet: Allied Marine, 513 So.2d 677 (Fla. 3d DCA 1987); §§ 672.326-.327, Fla.Stat. (1985); it argues that since it

Mahler v. Allied Marine

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-25T00:53:00-07:00

Citation: 513 So. 2d 677

Snippet: described as a "sale on approval," see §§ 672.326-.327, Fla. Stat. (1985),[2] the terms specifying

Georgia-Pacific Corp. v. Walter E. Heller & Co. Southeast

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-17T23:53:00-08:00

Citation: 440 So. 2d 666

Snippet: . Official Comment 2, Section 672.326, Florida Statutes. Section 672.326(3), Florida Statutes, was enacted…within the Florida Uniform Commercial Code, Section 672.326, Florida Statutes. No published Florida cases deal…transaction governed by the provisions of Section 672.326, Florida Statutes, which in pertinent part provides…quot; and that as such the provisions of Section 672.326(3), Florida Statutes, are inapplicable. Defendant… was not a deemed sale or return under Section 672.326(3), Florida Statutes. The United States Court of