Florida Statutes
Fla. Stat. § 672.326 (2025)
Sale on approval and sale or return; rights of creditors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—s. 2-326, U.C.C.
Notes of Decisions
Cited in 13
cases, 1978–2005 · leading case: Georgia-Pac. Corp. v. Walter E. Heller & Co. Se., 440 So. 2d 666 (Fla. 1st DCA 1983).
Georgia-Pac. Corp. v. Walter E. Heller & Co. Se., 440 So. 2d 666 (Fla. 1st DCA 1983). “The issue for our review is whether the total business relation involving these parties and a bankrupt entity was a transaction encompassed within the Florida Uniform Commercial Code, Section 672.326, Florida Statutes. No published Florida cases deal directly with the specific…”
Furr v. Corvette Experience, Inc. (In Re Corvette Collection of Boston, Inc.), 294 B.R. 409 (Bankr. S.D. Florida 2003). “The Trustee contends that because the Defendants did not properly perfect *412 their consignment interests by complying with the requirements set forth in Fla. Stat. § 672.326 , the Debtor held the consigned Corvettes “sale or return,” thereby subjecting the vehicles to the…”
Lynch Austin Realty, Inc. v. Engler, 647 So. 2d 988 (Fla. 2d DCA 1994). “We look to section 672.326, Florida Statutes (1991), for guidance in resolving this issue under the peculiar facts of this case.”
Weishorn v. Miles-Cutter, 721 A.2d 811 (Pa. Super. Ct. 1998). “Health & Safety Code § 1606 (West 1990); Fla. Stat. Ann. 672.326(5) (West 1993); La.”
Gennet v. Oriental Rug Agency, Inc. (In Re Florida Consum.'s Furniture Warehouse, Inc.), 9 B.R. 7 (Bankr. S.D. Florida 1981). “, § 672.326(2) and (3), Florida Statutes, goods delivered primarily for resale, as were the rugs in this instance, are deemed to be “on sale or return.”
Mahler v. Allied Marine, 513 So. 2d 677 (Fla. 3d DCA 1987). “" [1] It is well-settled that, in a transaction like this, in which the prospective purchaser has the right to the use of the goods pending approval, and which is described as a "sale on approval," see §§ 672.326-.327, Fla. Stat. (1985), [2] the terms specifying the manner or…”
Johnson Matthey Ltd. v. United Precious Metals, Inc. (In Re United Precious Metals, Inc.), 39 B.R. 14 (Bankr. S.D. Florida 1984). “Plaintiff also concedes and I find that the delivery of the identifiable silver bars to the debtor was not a consignment sale under the provisions of § 672.326, Florida Statutes (U.C.C. § 2-326), and even if the bars were delivered on that basis, plaintiff failed to perfect and…”
Bakst v. Wheeler Oil Co. (In Re Denmark Co.), 73 B.R. 325 (Bankr. S.D. Florida 1987). “§ 672.326) is controlling in this instance.”
In re Hastings Marine Corp., 99 B.R. 98 (Bankr. M.D. Fla. 1989). “” There is nothing in this record to show that Magic Tilt complied with the applicable law providing for a consignor’s interest evidenced by a sign, or with the alternative available to a consignor under subclause (a) of § 672.326(3) Fla.Stat. This leaves for consideration…”
Copy Serv., Inc. v. Florida Copy Corp., 527 So. 2d 247 (Fla. 3d DCA 1988). “3d DCA 1987); §§ 672.326-.327, Fla.Stat. (1985); it argues that since it had given timely notice of its intention to reject the merchandise, it was not liable for the purchase price.”
In Re Aquamarine USA, Inc., 330 B.R. 280 (Bankr. M.D. Fla. 2005). “Consignment sales are governed by §§ 672.326, et seq., of the Florida Uni *284 form Commercial Code.”
Cent. Nat'l Bank of Miami v. Motif Art Galleries, Inc., 49 Fla. Supp. 104 (Fla. Cir. Ct., Miami-Dade Cty. 1979). “Under the statute, regardless of the label placed on the transaction, if a person delivers goods to another person and the latter “ [maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery,”…”
— 672.326(1) — 1 case
Furr v. Corvette Experience, Inc. (In Re Corvette Collection of Boston, Inc.), 294 B.R. 409 (Bankr. S.D. Florida 2003). “The Trustee contends that because the Defendants did not properly perfect *412 their consignment interests by complying with the requirements set forth in Fla. Stat. § 672.326 , the Debtor held the consigned Corvettes “sale or return,” thereby subjecting the vehicles to the…”
— 672.326(2) — 2 cases
Gennet v. Oriental Rug Agency, Inc. (In Re Florida Consum.'s Furniture Warehouse, Inc.), 9 B.R. 7 (Bankr. S.D. Florida 1981). “, § 672.326(2) and (3), Florida Statutes, goods delivered primarily for resale, as were the rugs in this instance, are deemed to be “on sale or return.”
Lynch Austin Realty, Inc. v. Engler, 647 So. 2d 988 (Fla. 2d DCA 1994). “We look to section 672.326, Florida Statutes (1991), for guidance in resolving this issue under the peculiar facts of this case.”
— 672.326(3) — 4 cases
Georgia-Pac. Corp. v. Walter E. Heller & Co. Se., 440 So. 2d 666 (Fla. 1st DCA 1983). “The issue for our review is whether the total business relation involving these parties and a bankrupt entity was a transaction encompassed within the Florida Uniform Commercial Code, Section 672.326, Florida Statutes. No published Florida cases deal directly with the specific…”
Lynch Austin Realty, Inc. v. Engler, 647 So. 2d 988 (Fla. 2d DCA 1994). “We look to section 672.326, Florida Statutes (1991), for guidance in resolving this issue under the peculiar facts of this case.”
In re Hastings Marine Corp., 99 B.R. 98 (Bankr. M.D. Fla. 1989). “” There is nothing in this record to show that Magic Tilt complied with the applicable law providing for a consignor’s interest evidenced by a sign, or with the alternative available to a consignor under subclause (a) of § 672.326(3) Fla.Stat. This leaves for consideration…”
Cent. Nat'l Bank of Miami v. Motif Art Galleries, Inc., 49 Fla. Supp. 104 (Fla. Cir. Ct., Miami-Dade Cty. 1979). “Under the statute, regardless of the label placed on the transaction, if a person delivers goods to another person and the latter “ [maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery,”…”
— 672.326(3)(b) — 1 case
In re Hastings Marine Corp., 99 B.R. 98 (Bankr. M.D. Fla. 1989). “” There is nothing in this record to show that Magic Tilt complied with the applicable law providing for a consignor’s interest evidenced by a sign, or with the alternative available to a consignor under subclause (a) of § 672.326(3) Fla.Stat. This leaves for consideration…”
— 672.326(3)(c) — 1 case
Lynch Austin Realty, Inc. v. Engler, 647 So. 2d 988 (Fla. 2d DCA 1994). “We look to section 672.326, Florida Statutes (1991), for guidance in resolving this issue under the peculiar facts of this case.”
— 672.326(5) — 1 case
Weishorn v. Miles-Cutter, 721 A.2d 811 (Pa. Super. Ct. 1998). “Health & Safety Code § 1606 (West 1990); Fla. Stat. Ann. 672.326(5) (West 1993); La.”
— 672.326(c) — 1 case
Drewry v. Thompson Door Co., 47 Fla. Supp. 177 (Fla. Cir. Ct., Broward Cty. 1978).
— 672.326(l)(a) — 1 case
Furr v. Corvette Experience, Inc. (In Re Corvette Collection of Boston, Inc.), 294 B.R. 409 (Bankr. S.D. Florida 2003). “The Trustee contends that because the Defendants did not properly perfect *412 their consignment interests by complying with the requirements set forth in Fla. Stat. § 672.326 , the Debtor held the consigned Corvettes “sale or return,” thereby subjecting the vehicles to the…”
— 672.326(l)(b) — 1 case
Furr v. Corvette Experience, Inc. (In Re Corvette Collection of Boston, Inc.), 294 B.R. 409 (Bankr. S.D. Florida 2003). “The Trustee contends that because the Defendants did not properly perfect *412 their consignment interests by complying with the requirements set forth in Fla. Stat. § 672.326 , the Debtor held the consigned Corvettes “sale or return,” thereby subjecting the vehicles to the…”
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