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Florida Statute 672.328 - Full Text and Legal Analysis
Florida Statute 672.328 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 672.328 Case Law from Google Scholar Google Search for Amendments to 672.328

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 672
UNIFORM COMMERCIAL CODE: SALES
View Entire Chapter
672.328 Sale by auction.
(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
(2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his or her discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he or she announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his or her bid until the auctioneer’s announcement of completion of the sale, but a bidder’s retraction does not revive any previous bid.
(4) If the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his or her option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.
History.s. 1, ch. 65-254; s. 573, ch. 97-102.
Note.s. 2-328, U.C.C.

F.S. 672.328 on Google Scholar

F.S. 672.328 on CourtListener

Amendments to 672.328


Annotations, Discussions, Cases:

Cases Citing Statute 672.328

Total Results: 2  |  Sort by: Relevance  |  Newest First

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United States v. Conrad, 619 F. Supp. 1319 (M.D. Fla. 1985).

Cited 3 times | Published | District Court, M.D. Florida | 42 U.C.C. Rep. Serv. (West) 424, 1985 U.S. Dist. LEXIS 14972

...to find case or statutory law discussing this issue. However, both parties agree that the issue is controlled by the Uniform Commercial Code and the law of contract. The Court begins with a review of the relevant code section pertaining to auctions. Section 672.328(2), Florida Statutes (1983) provides: "A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner." Furthermore, in an auction with reserve, the auctioneer may withdraw an item from the auction until the fall of the hammer indicating the completion of the sale. Similarly, a bidder may retract his bid until the fall of the hammer. Section 672.328(3), Florida Statutes (1983)....
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Tolz v. Bros. Truck Sales, Inc. (In re Cole & Stevens Roofing Co.), 134 B.R. 60 (Bankr. S.D. Fla. 1991).

Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 1710

...This amount would be subject to the auctioneer’s commission and applicable State of Florida sales tax. Florida Law provides that a sale by auction is complete when the auctioneer so announces by the fall of his gavel or in some other customary manner. Section 672.328(2), Florida Statutes (1989)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.