The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.401

672.401 Passing of title; reservation for security; limited application of this section.—Each provision of this chapter with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this chapter and matters concerning title become material the following rules apply:

(1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (s. 672.501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this code. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the chapter on secured transactions (chapter 679), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.

(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes her or his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading:

(a) If the contract requires or authorizes the seller to send the goods to the buyer but does not require him or her to deliver them at destination, title passes to the buyer at the time and place of shipment; but

(b) If the contract requires delivery at destination, title passes on tender there.

(3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods:

(a) If the seller is to deliver a tangible document of title, title passes at the time when and the place where he or she delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or

(b) If the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.

(4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a “sale.”

History.—s. 1, ch. 65-254; s. 574, ch. 97-102; s. 9, ch. 2010-131.

Note.—s. 2-401, U.C.C.

F.S. 672.401 on Google Scholar

F.S. 672.401 on Casetext

Amendments to 672.401

Arrestable Offenses / Crimes under Fla. Stat. 672.401

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.401.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE MIAMI METALS I, INC., 603 B.R. 727 (Bankr. S.D.N.Y. 2019)

. . . . § 672.401(2) ; N.Y. U.C.C. § 2-401(2). . . . Ann. § 672.401(1) ). . . .

BRANCH BANKING TRUST CO. OF VIRGINIA, v. M Y BEOWULF, No., 883 F. Supp. 2d 1199 (S.D. Fla. 2012)

. . . and accepted or which have been received and accepted. .Urging a contrary result, the bank invokes § 672.401 . . . The essential defect with this position is that § 672.401(3)(b), defining the time for passage of title . . . The bank presents no evidence of such a contract here, rendering § 672.401 inapplicable. . . . .

UNITED STATES v. ONE LAND ROVER RANGE ROVER,, 369 F. App'x 208 (2d Cir. 2010)

. . . . § 672.401(2); Palm Beach Auto Brokers, Inc. v. . . .

UNITED STATES v. FUNDS FROM FIRST REGIONAL BANK ACCOUNT HELD IN NAME OF R K COMPANY, INC. d b a, 639 F. Supp. 2d 1203 (W.D. Wash. 2009)

. . . . § 672.401; Wash. Rev.Code § 62A.2-401. . . .

In AQUAMARINE USA, INC., 330 B.R. 280 (Bankr. M.D. Fla. 2005)

. . . . § 672.401(2) (West 2004). . . .

In CORVETTE COLLECTION OF BOSTON, INC. C. v. J., 294 B.R. 409 (Bankr. S.D. Fla. 2003)

. . . . § 672.401(2) provides, Unless otherwise explicitly agreed title passes to the buyer at the time and . . . Stat. § 672.401(2). Furthermore, Fla. . . .

In Re DIPPIN DOTS PATENT LITIGATION, 249 F. Supp. 2d 1346 (N.D. Ga. 2003)

. . . Ann. ch. 672.401; Ky.Rev.Stat. Ann. § 355.2-401; O.C.G.A. § 11-2-401. . . .

LE DAUPHIN CONDOMINIUM ASSOCIATION, INC. a Le v. GROUNDWORKS OF PALM BEACH COUNTY, INC., 719 So. 2d 13 (Fla. Dist. Ct. App. 1998)

. . . . §§ 672.401(2), 672.403, Fla. Stat. (1993). . . .

L. SELLERS H. v. FRANK GRIFFIN AMC JEEP, INC., 526 So. 2d 147 (Fla. Dist. Ct. App. 1988)

. . . A “sale” consists in the passing of title from the seller to the buyer for a price (s. 672.401). . . .

In COMMUNICATIONS COMPANY OF AMERICA, INC. COMMUNICATIONS COMPANY OF AMERICA, INC. v. MITEL, INC., 84 B.R. 822 (Bankr. M.D. Fla. 1988)

. . . In considering whether Mitel is in fact the owner of the equipment, Fla.Stat. 672.401, which governs . . .

R. KONAS, Sr. v. COASTAL LUMBER COMPANY,, 496 So. 2d 868 (Fla. Dist. Ct. App. 1986)

. . . 679.105(l)(h), Florida Statutes, we find Coastal’s reliance on these provisions, as well as section 672.401 . . . (3)(b) misplaced, since under section 672.401(1) “irrespective of the title to the goods,” sales under . . .

ITT INDUSTRIAL CREDIT CO. v. REGAN,, 487 So. 2d 1047 (Fla. 1986)

. . . See § 672.401(1), Fla.Stat. (1985). The seller retains only a security interest in the property. . . .

In W. STANLEY,, 57 B.R. 329 (Bankr. S.D. Fla. 1986)

. . . . § 672.401, the retention by Sears of the title and the goods is limited to a reservation of a security . . .

A. K. v., 84 T.C. 285 (T.C. 1985)

. . . Ann. secs. 672.401(3)(a), 671.201(14) and (15) (West 1966, 1984 Supp.); Ga. . . .

In POLAR CHIPS INTERNATIONAL, INC. HARRIS, v. J. FOOSANER,, 40 B.R. 586 (Bankr. S.D. Fla. 1984)

. . . Fla.Stats., § 672.401 provides, in pertinent part: ... . . .

In MARTIN COUNTY CUSTOM POOLS INC. GENNET, v. COASTAL WHOLESALE, INC., 37 B.R. 52 (Bankr. S.D. Fla. 1984)

. . . . § 672.401(1) (U.C.C. § 2-401) provides that: “any retention or reservation by the seller of the title . . .

VANLEIGH CONTRACT CORPORATION, v. ANDREW M. INC., 388 So. 2d 50 (Fla. Dist. Ct. App. 1980)

. . . . §§ 672.401, 672.703(5), 672.709(1)(a), Fla.Stat. (1979); Geiser v. . . .

DEPARTMENT OF REVENUE, v. U. S. SUGAR CORPORATION, UNITED STATES SUGAR CORPORATION, v. DEPARTMENT OF REVENUE, 388 So. 2d 596 (Fla. Dist. Ct. App. 1980)

. . . Section 672.401 (2)(a). . . . .

SUBURBIA FEDERAL SAVINGS AND LOAN ASSOCIATION v. BEL- AIR CONDITIONING CO. INC. a, 385 So. 2d 1151 (Fla. Dist. Ct. App. 1980)

. . . or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (s. 672.401 . . .

In COLLINS, Jr. a k a a k a a k a, 5 B.R. 56 (Bankr. N.D. Fla. 1980)

. . . Section 672.401, Fla.Stat. (1979) provides that title passes “. . .at the time and place at which the . . .

In LOWERY BROTHERS, INC. a S. AVDOYAN, v. DAVIS WATER WASTE INDUSTRIES, INC. a, 589 F.2d 851 (5th Cir. 1979)

. . . In this case, pursuant to the terms of Florida Statutes section 672.401 (1977), title to the ma- > terials . . .

DREWRY v. THOMPSON DOOR COMPANY,, 47 Fla. Supp. 177 (Broward Cty. Cir. Ct. 1978)

. . . See §672.401 (1), Florida Statutes. 20. . . .

INTERNATIONAL HARVESTER CREDIT CORPORATION v. AMERICAN NATIONAL BANK OF JACKSONVILLE, a, 296 So. 2d 32 (Fla. 1974)

. . . . § 672.401(1), F.S.A. . . . retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (§ 672.401 . . .

B. GRIMM, v. PRUDENCE MUTUAL CASUALTY COMPANY, a, 243 So. 2d 140 (Fla. 1971)

. . . . § 672.401(2) (1969), which provides that title passes “ * * * at the time and place at which the seller . . .