Florida Statute 672.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 672.401

Total Results: 14

Le Dauphin Condominium Ass'n v. Groundworks of Palm Beach County, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-04T00:00:00-07:00

Citation: 719 So. 2d 13, 1998 Fla. App. LEXIS 11852, 1998 WL 640319

Snippet: accepted in full satisfaction by Groundworks. §§ 672.401(2), 672.403, Fla. Stat. (1993). There is no competent

Palm Beach Auto Brokers, Inc. v. DeCarlo

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-23T00:53:00-07:00

Citation: 620 So. 2d 250

Snippet: Commercial Code, and applicable to this sale is section 672.401(2), Florida Statutes (1985), which provides: Unless

Sellers v. Frank Griffin AMC Jeep, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-17T00:53:00-07:00

Citation: 526 So. 2d 147

Snippet: title from the seller to the buyer for a price (s. 672.401). A "present sale" means a sale which

Hayes Leasing Systems, Inc. v. Ice House, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-04-10T00:00:00-07:00

Citation: 506 So. 2d 1073, 12 Fla. L. Weekly 1009, 4 U.C.C. Rep. Serv. 2d (West) 695, 1987 Fla. App. LEXIS 7637

Snippet: court’s determination, consistent with section 672.-401(2), Florida Statutes (1985), that title to the

Konas v. Coastal Lumber Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-13T00:00:00-07:00

Citation: 496 So. 2d 868, 11 Fla. L. Weekly 2153, 2 U.C.C. Rep. Serv. 2d (West) 1379, 1986 Fla. App. LEXIS 10080

Snippet: provisions, as well as section 672.401(3)(b) misplaced, since under section 672.401(1) “irrespective of the

ITT Indus. Credit Co. v. Regan

Court: Fla. | Date Filed: 1986-04-23T23:53:00-08:00

Citation: 487 So. 2d 1047

Snippet: merely an equity interest in the property. See § 672.401(1), Fla. Stat. (1985). The seller retains only

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Court: Fla. Att'y Gen. | Date Filed: 1982-02-10T23:53:00-08:00

Snippet: to the buyer for a price . . . .' Section 672.401(2), F.S., states that `[u]nless otherwise explicitly… is answered by subparagraphs (a) and (b) of s 672.401(2), F.S. If the contract is a shipment contract…comments of the Uniform Commercial Code after s 672.401, F.S.A., Pestana v. Karinol Corp., 367 So.2d 1096

Vanleigh Contract Corp. v. Andrew M., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-23T00:00:00-07:00

Citation: 388 So. 2d 50, 1980 Fla. App. LEXIS 23582

Snippet: PER CURIAM. Affirmed. §§ 672.401, 672.703(5), 672.709(1)(a), Fla.Stat. (1979); Geiser v. Permacrete

Dept. of Revenue v. US Sugar Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-11T00:53:00-07:00

Citation: 388 So. 2d 596

Snippet: buyer at the time and place of shipment. Section 672.401(2)(a). [5] Section 212.06(5)(a) provides that

Suburbia Fed. S. & L. Ass'n v. Bel-Air Conditioning

Court: Fla. Dist. Ct. App. | Date Filed: 1980-07-09T00:53:00-07:00

Citation: 385 So. 2d 1151

Snippet: notwithstanding shipment or delivery to the buyer (s. 672.401) is limited in effect to a reservation of a security

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Court: Fla. Att'y Gen. | Date Filed: 1980-01-30T23:53:00-08:00

Snippet: notwithstanding shipment or delivery to the buyer (s. 672.401) is limited in effect to a reservation of a security…and seller has been deemphasized. See, e.g., s. 672.401(2), F. S., which provides that `[u]nless otherwise

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Court: Fla. Att'y Gen. | Date Filed: 1975-02-03T23:53:00-08:00

Snippet: seller to the buyer for a price." Section 672.401(2), F.S., states that: "Unless otherwise explicitly

International Harvest. Cr. v. American Nat. Bk.

Court: Fla. | Date Filed: 1974-02-13T00:53:00-07:00

Citation: 296 So. 2d 32

Snippet: retains only a security interest. See Fla. Stat. § 672.401(1), F.S.A. There are certain provisions in the …notwithstanding shipment or delivery to the buyer (§ 672.401 is limited in effect to a reservation of a "

Grimm v. Prudence Mutual Casualty Company

Court: Fla. | Date Filed: 1971-01-12T23:53:00-08:00

Citation: 243 So. 2d 140

Snippet: Woolverton, 99 So.2d 286 (Fla. 1957). See Fla. Stat. § 672.401(2) (1969). This Court recently decided the case…passed, it is sufficient to point out Fla. Stat. § 672.401(2) (1969), which provides that title passes "