Florida Statutes
Fla. Stat. § 672.403 (2025)
Power to transfer; good faith purchase of goods; “entrusting.”
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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672.403 Power to transfer; good faith purchase of goods; “entrusting.”—
(1) A purchaser of goods acquires all title which her or his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though:
(a) The transferor was deceived as to the identity of the purchaser, or
(b) The delivery was in exchange for a check which is later dishonored, or
(c) It was agreed that the transaction was to be a “cash sale,” or
(d) The delivery was procured through fraud punishable as larcenous under the criminal law.
(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business.
(3) “Entrusting” includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor’s disposition of the goods have been such as to be larcenous under the criminal law.
(4) The rights of other purchasers of goods and of lien creditors are governed by the chapters on secured transactions (chapter 679) and documents of title (chapter 677).
Note.—s. 2-403, U.C.C.; supersedes s. 673.09.
Notes of Decisions
Cited in 26
cases (2 in the last 5 years), 1971–2026 · leading case: Green Tree Acceptance, Inc. v. Zimerman, 611 So. 2d 608 (Fla. 2d DCA 1993).
Green Tree Acceptance, Inc. v. Zimerman, 611 So. 2d 608 (Fla. 2d DCA 1993). “§ 672.403(1), Fla. Stat. (1989). A person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title until he has had issued to him a certificate of title to the motor vehicle or mobile home.”
Carlsen v. Rivera, 382 So. 2d 825 (Fla. 4th DCA 1980). “The controlling provision of the Florida Uniform Commercial Code is Section 672.403, Florida Statutes (1977), which provides: Power to transfer; good faith purchase of goods; "entrusting.”
Florida Dept. of Corr. v. BLOUNT, ETC., 411 So. 2d 930 (Fla. 1st DCA 1982). “(emphasis supplied) Blount urges that DOC's failure to strictly comply with the underscored passage prevents it from taking title to the truck.”
Everglades Marina v. Am. E. Dev. Corp., 374 So. 2d 517 (Fla. 1979). “The boat owners neither knew nor participated in the criminal act. Establishing a public policy in this instance would be inconsistent with other basic law principles relating to innocent third parties.”
Georgia-Pac. Corp. v. Walter E. Heller & Co. Se., 440 So. 2d 666 (Fla. 1st DCA 1983). “Although there is no direct evidence as to what has become of the goods, it is clear that as a dealer of goods in the kind involved Bill Amos could have passed good title to the goods pursuant to the provisions of Section 672.403, Florida Statutes. Furthermore, it is obvious…”
Maroone Chevrolet, L.L.C. v. Suntrust Bank, 904 So. 2d 618 (Fla. 4th DCA 2005). “See § 672.403, Fla. Stat. The. Uniform Commercial Code Comment to section 672.”
Milnes v. Gen. Elec. Credit Corp., 377 So. 2d 725 (Fla. 3d DCA 1979). “4th DCA 1970); §§ 672.403(1)-(2), Fla. Stat. (1977); see also Stroman v.”
Brown & Root, Inc. v. Ring Power Corp., 450 So. 2d 1245 (Fla. 5th DCA 1984). “4th DCA 1980); see § 672.403, Fla. Stat. (1981). The reasoning that Ring's right of possession arises out of Louisiana law because its contract for purchase was made in that state applies equally to Brown so that Texas law should determine its right of possession, since Brown…”
O'NEILL v. Barnett Bank of Jacksonville, NA, 360 So. 2d 150 (Fla. 1st DCA 1978). “O'Neill's estoppel argument is without merit because Section 672.403, Florida Statutes (1975), applies only to financing transactions which involve floor planning of inventory.”
In Re Orange Rose, LLC, 446 B.R. 543 (Bankr. M.D. Fla. 2011). “Fla. Stat. § 672.403 (2) (2008). 22 . Woolverton, 99 So.”
Grimm v. Prudence Mut. Cas. Co., 243 So. 2d 140 (Fla. 1971). “*143 Fla. Stat. § 672.403 (1969) states that a purchaser of goods acquires all title which his transferor had or had power to transfer.”
Alamo Rent-A-Car, Inc. v. Williamson Cadillac Co., 613 So. 2d 517 (Fla. 3d DCA 1993). “Williamson's invocation of the exception to that rule contained in § 672.403(2) is to no avail. That provision states: (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in…”
— 672.403(1) — 4 cases
Everglades Marina v. Am. E. Dev. Corp., 374 So. 2d 517 (Fla. 1979). “The boat owners neither knew nor participated in the criminal act. Establishing a public policy in this instance would be inconsistent with other basic law principles relating to innocent third parties.”
Green Tree Acceptance, Inc. v. Zimerman, 611 So. 2d 608 (Fla. 2d DCA 1993). “§ 672.403(1), Fla. Stat. (1989). A person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title until he has had issued to him a certificate of title to the motor vehicle or mobile home.”
Milnes v. Gen. Elec. Credit Corp., 377 So. 2d 725 (Fla. 3d DCA 1979). “4th DCA 1970); §§ 672.403(1)-(2), Fla. Stat. (1977); see also Stroman v.”
N. Ins. v. 1996 Searay Model 370DA Yacht, 453 F. Supp. 2d 905 (D.S.C. 2006).
— 672.403(2) — 8 cases
Green Tree Acceptance, Inc. v. Zimerman, 611 So. 2d 608 (Fla. 2d DCA 1993). “§ 672.403(1), Fla. Stat. (1989). A person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title until he has had issued to him a certificate of title to the motor vehicle or mobile home.”
Georgia-Pac. Corp. v. Walter E. Heller & Co. Se., 440 So. 2d 666 (Fla. 1st DCA 1983). “Although there is no direct evidence as to what has become of the goods, it is clear that as a dealer of goods in the kind involved Bill Amos could have passed good title to the goods pursuant to the provisions of Section 672.403, Florida Statutes. Furthermore, it is obvious…”
Alamo Rent-A-Car, Inc. v. Williamson Cadillac Co., 613 So. 2d 517 (Fla. 3d DCA 1993). “Williamson's invocation of the exception to that rule contained in § 672.403(2) is to no avail. That provision states: (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in…”
Maroone Chevrolet, L.L.C. v. Suntrust Bank, 904 So. 2d 618 (Fla. 4th DCA 2005). “See § 672.403, Fla. Stat. The. Uniform Commercial Code Comment to section 672.”
Orlando Dodge, Inc. v. First Union Nat. Bank, 661 So. 2d 322 (Fla. 5th DCA 1995).
— 672.403(3) — 3 cases
Milnes v. Gen. Elec. Credit Corp., 377 So. 2d 725 (Fla. 3d DCA 1979). “4th DCA 1970); §§ 672.403(1)-(2), Fla. Stat. (1977); see also Stroman v.”
Maroone Chevrolet, L.L.C. v. Suntrust Bank, 904 So. 2d 618 (Fla. 4th DCA 2005). “See § 672.403, Fla. Stat. The. Uniform Commercial Code Comment to section 672.”
In Re Aquamarine USA, Inc., 330 B.R. 280 (Bankr. M.D. Fla. 2005).
— 672.403(l)(a) — 1 case
Le Dauphin Condo. Ass'n v. Groundworks of Palm Beach Cnty., Inc., 719 So. 2d 13 (Fla. 4th DCA 1998).
— 672.403(l)(d) — 1 case
Bill Wallace Ford, Inc. v. Lamoureaux, 33 Fla. Supp. 2d 47 (Fla. Cty. Ct. 1988).
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