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Florida Statute 672.402 - Full Text and Legal Analysis Florida Statute 672.402 | Lawyer Caselaw & Research
Fla. Stat. § 672.402 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
672.402 Rights of seller’s creditors against sold goods.
(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this chapter (ss. 672.502 and 672.716).
(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him or her a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.
(3) Nothing in this chapter shall be deemed to impair the rights of creditors of the seller:
(a) Under the provisions of the chapter on secured transactions (chapter 679); or
(b) Where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this chapter constitute the transaction a fraudulent transfer or voidable preference.
History.s. 1, ch. 65-254; s. 575, ch. 97-102.
Note.s. 2-402, U.C.C.

Cases Citing F.S. 672.402

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·Faircloth v. Bouchard (In Re the Int'l Gold Bullion Exch., Inc.), 53 B.R. 660 (Bankr. S.D. Fla. 1985).

Cited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 42 U.C.C. Rep. Serv. (West) 156, 1985 Bankr. LEXIS 5243

...etween that judgment creditor and a buyer of the goods when such goods have been identified to the contract (emphasis supplied). Exchange National Bank of Tampa v. Alturas Packing, 269 So.2d 733 (Fla. 2nd DCA 1972). This case is an interpretation of Section 672.402, Fla.Stat....

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