Florida Statute 672.607 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.607

672.607 Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.—

(1) The buyer must pay at the contract rate for any goods accepted.

(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this chapter for nonconformity.

(3) Where a tender has been accepted:

(a) The buyer must within a reasonable time after he or she discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and

(b) If the claim is one for infringement or the like (s. 672.312(3)) and the buyer is sued as a result of such a breach he or she must so notify the seller within a reasonable time after he or she receives notice of the litigation or be barred from any remedy over for liability established by the litigation.

(4) The burden is on the buyer to establish any breach with respect to the goods accepted.

(5) Where the buyer is sued for breach of a warranty or other obligation for which his or her seller is answerable over:

(a) The buyer may give his or her seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he or she will be bound in any action against him or her by his or her buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he or she is so bound.

(b) If the claim is one for infringement or the like (s. 672.312(3)) the original seller may demand in writing that his or her buyer turn over to him or her control of the litigation including settlement or else be barred from any remedy over and if he or she also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.

(6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (s. 672.312(3)).

History.—s. 1, ch. 65-254; s. 592, ch. 97-102.

Note.—s. 2-607, U.C.C.

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Amendments to 672.607

Annotations, Discussions, Cases:

Cases Citing Statute 672.607

Total Results: 30

Royal Typewriter Company, a Division of Litton Business Systems, Inc., a Corporation v. Xerographic Supplies Corporation, a Corporation

719 F.2d 1092, 37 U.C.C. Rep. Serv. (West) 429, 1983 U.S. App. LEXIS 15337

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 1983 | Docket: 928147

Cited 74 times | Published

have discovered any breach .... ” Fla.Stat.Ann. § 672.607. The buyer bears the burden of showing that he

Sanchez-Knutson v. Ford Motor Co.

52 F. Supp. 3d 1223, 2014 U.S. Dist. LEXIS 148186, 2014 WL 5139306

District Court, S.D. Florida | Filed: Oct 7, 2014 | Docket: 64297732

Cited 23 times | Published

warranty; (5) Notice to seller of breach. Section 672.607(3)(a), Florida Statutes; (6) The injuries sustained

Jovine v. Abbott Laboratories, Inc.

795 F. Supp. 2d 1331, 74 U.C.C. Rep. Serv. 2d (West) 298, 2011 U.S. Dist. LEXIS 39702, 2011 WL 1376029

District Court, S.D. Florida | Filed: Apr 12, 2011 | Docket: 2024752

Cited 21 times | Published

create a warranty. Fla. Stat. 672.313. [5] Section 672.607(3), Florida Statutes, provides in relevant

Taylor v. American Honda Motor Co., Inc.

555 F. Supp. 59

District Court, M.D. Florida | Filed: Jan 17, 1983 | Docket: 1018683

Cited 18 times | Published

According to Dunham-Bush, this requirement flows from § 672.607(3)(a), which provides that a buyer who has accepted

B. Anders Nyquist and Harriet Nyquist v. Dale Randall, Donald Berry, Janet Melear, Etc.

819 F.2d 1014, 3 U.C.C. Rep. Serv. 2d (West) 1823, 1987 U.S. App. LEXIS 7774

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 1987 | Docket: 882912

Cited 15 times | Published

simply inapplicable to this case. In this regard, § 672.607, which relates to rejection of tendered goods

US Fid. & Guar. Co. v. N. Am. Steel Corp.

335 So. 2d 18, 19 U.C.C. Rep. Serv. (West) 1343

District Court of Appeal of Florida | Filed: Jul 7, 1976 | Docket: 2517364

Cited 13 times | Published

buyer has accepted goods and given notification (§ 672.607(3)) he may recover as damages for any nonconformity

General Matters, Inc. v. Paramount Canning Co.

382 So. 2d 1262, 28 U.C.C. Rep. Serv. (West) 1031

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 1255884

Cited 11 times | Published

goods, York is barred from any remedy under Section 672.607(3)(a), Florida Statutes (1979) (U.C.C. § 2-607[3][a]

Dunham-Bush, Inc. v. Thermo-Air Service, Inc.

351 So. 2d 351

District Court of Appeal of Florida | Filed: Nov 15, 1977 | Docket: 1671585

Cited 11 times | Published

the warranty; 5) Notice to seller of breach. Section 672.607(3)(a), Florida Statutes (1975); 6) The injuries

The Dancey Company, Inc., a Florida Corporation v. Borg-Warner Corporation, a Delaware Corporation

799 F.2d 717, 1986 U.S. App. LEXIS 30996

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1986 | Docket: 971056

Cited 9 times | Published

provision on proper notice of a breach. Fla.Stat.Ann. § 672.607(3) and official comment 4. Continuing assurances

In Re Asbestos Litigation

679 F. Supp. 1096

District Court, S.D. Florida | Filed: Jul 13, 1987 | Docket: 1075052

Cited 8 times | Published

time after discovery as is required by Fla.Stat. § 672.607(3)(a) (1985). Upon an examination of the allegations

Lockheed Martin Corp. v. Galaxis USA, Ltd.

222 F. Supp. 2d 1315, 2002 U.S. Dist. LEXIS 17836, 2002 WL 31103982

District Court, M.D. Florida | Filed: Apr 17, 2002 | Docket: 2152263

Cited 7 times | Published

a breach of a sales contract. See Fla. Stat. § 672.607(1) ("The buyer must pay at the contract price

Bill Branch Chevrolet, Inc. v. Redmond

378 So. 2d 319, 28 U.C.C. Rep. Serv. (West) 56, 1980 Fla. App. LEXIS 15413

District Court of Appeal of Florida | Filed: Jan 4, 1980 | Docket: 1794747

Cited 7 times | Published

of the breach one month after purchase. See Section 672.607, Fla. Stat. (1977). With this done, appellee

Validsa, Inc. v. PDVSA Services Inc.

632 F. Supp. 2d 1219, 2009 U.S. Dist. LEXIS 59162, 2009 WL 2029958

District Court, S.D. Florida | Filed: Jul 10, 2009 | Docket: 2113520

Cited 4 times | Published

Specifically, Plaintiff cites to Fla. Stat. § 672.607(1), which provides, "[t]he buyer must pay at the

Carlson v. Armstrong World Industries, Inc.

693 F. Supp. 1073, 7 U.C.C. Rep. Serv. 2d (West) 751, 1987 U.S. Dist. LEXIS 13788, 1987 WL 47781

District Court, S.D. Florida | Filed: Oct 22, 1987 | Docket: 2258182

Cited 4 times | Published

after discovery as required by Florida Statute § 672.607(3)(a). The notice requirement does not, under

ADAM METAL SUPPLY v. Electrodex, Inc.

386 So. 2d 1316, 30 U.C.C. Rep. Serv. (West) 178

District Court of Appeal of Florida | Filed: Sep 3, 1980 | Docket: 477114

Cited 4 times | Published

accepted the shipment and that thus under Section 672.607(1), Florida Statutes (1979), it was liable

Hummel v. Tamko Bldg. Prods., Inc.

303 F. Supp. 3d 1288

District Court, M.D. Florida | Filed: Sep 7, 2017 | Docket: 64318088

Cited 3 times | Published

notice requirement is found in Florida Statute § 672.607(3)(a), which provides that "the buyer must within

JDI HOLDINGS, LLC v. Jet Management, Inc.

732 F. Supp. 2d 1205, 2010 U.S. Dist. LEXIS 79585, 2010 WL 3119793

District Court, N.D. Florida | Filed: Aug 6, 2010 | Docket: 2333660

Cited 3 times | Published

revoked because of that nonconformity. Fla. Stat. § 672.607. Furthermore, when a buyer has examined goods

BP Dev. & Mgmt. Corp. v. P. LAFER ENT., INC.

538 So. 2d 1379, 1989 WL 16644

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 1517167

Cited 3 times | Published

at the contract rate for any goods accepted. § 672.607(1), Fla. Stat. (1985). Acceptance of the goods

Shreve Land Co., Inc. v. J & D FINANCIAL CORP.

421 So. 2d 722, 35 U.C.C. Rep. Serv. (West) 429, 1982 Fla. App. LEXIS 21669

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1719303

Cited 3 times | Published

would make Shreve liable for payment under section 672.607(1), Florida Statutes (1979). However, since

Chapman v. Abbott Laboratories

930 F. Supp. 2d 1321, 2013 WL 1095514, 2013 U.S. Dist. LEXIS 40806

District Court, M.D. Florida | Filed: Mar 14, 2013 | Docket: 65989541

Cited 2 times | Published

353 (Fla. 4th DCA 1977) (pursuant to Fla. Stat. § 672.607(3)(a), breach of warranty claim must allege notice

Moss v. Walgreen Co.

765 F. Supp. 2d 1363, 74 U.C.C. Rep. Serv. 2d (West) 103, 2011 U.S. Dist. LEXIS 22912, 2011 WL 832432

District Court, S.D. Florida | Filed: Mar 8, 2011 | Docket: 2341997

Cited 2 times | Published

create a warranty. Fla. Stat. 672.313. [4] Section 672.607(3), Florida Statutes, provides in relevant

Cohen v. Implant Innovations, Inc.

259 F.R.D. 617, 2008 U.S. Dist. LEXIS 64144, 2008 WL 3927223

District Court, S.D. Florida | Filed: Aug 21, 2008 | Docket: 66038738

Cited 1 times | Published

within a reasonable time pursuant to Fla. Stat. Section 672.607; clearly, this is an individualized factual

Hapag-Lloyd v. MARINE INDM. INS. CO.

576 So. 2d 1330, 1991 WL 35358

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1669763

Cited 1 times | Published

permit a recovery for breach of warranty under section 672.607(3)(a), Florida Statutes (1979).[2]General Matters

In Re Holistic Services Corp.

29 B.R. 509, 1983 Bankr. LEXIS 6528

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 29, 1983 | Docket: 1485100

Cited 1 times | Published

defect is on the buyer (here the debtor). Section 672.607(4), Florida Statutes, provides that the burden

Hawke Distributing, Inc. v. Nuevo Sol Partners, Inc.

689 So. 2d 1202, 32 U.C.C. Rep. Serv. 2d (West) 439, 1997 Fla. App. LEXIS 2139, 1997 WL 115244

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771813

Published

obligated to pay the contract rate for the same. § 672.607(1), Fla.Stat. (1993). Accordingly, we find that

Hammer v. Armstrong World Industries, Inc.

679 F. Supp. 1096, 6 U.C.C. Rep. Serv. 2d (West) 73, 1987 U.S. Dist. LEXIS 13537

District Court, S.D. Florida | Filed: Jul 13, 1987 | Docket: 66174463

Published

time after discovery as is required by Fla.Stat. § 672.607(3)(a) (1985). Upon an examination of the allegations

Bob Rigby, Inc. v. Eagle Crusher, Inc. (In re Bob Rigby, Inc.)

62 B.R. 900, 3 U.C.C. Rep. Serv. 2d (West) 954, 1986 Bankr. LEXIS 5725

United States Bankruptcy Court, M.D. Florida | Filed: Jul 8, 1986 | Docket: 65779201

Published

requirement to give notice reads as follows: Fla. Stat. § 672.607 Effect of acceptance; notice of breach; burden

Electron Tubes International, Inc. v. Shell Containers, Inc.

410 So. 2d 660, 1982 Fla. App. LEXIS 19425

District Court of Appeal of Florida | Filed: Mar 9, 1982 | Docket: 64588304

Published

Railroad Co., 349 So.2d 1187, 1189 (Fla.1977); § 672.607(1), Fla.Stat. (1979); 3 Fla.Jur. “Appellate Review”

Maas Bros., Inc. v. Vincent (In re Vincent)

10 B.R. 549, 1981 Bankr. LEXIS 4657

United States Bankruptcy Court, M.D. Florida | Filed: Mar 19, 1981 | Docket: 65777878

Published

the UCC, as adopted in this State, Fla. Stat. § 672.607(4), the burden is on the buyer to establish any

Lake v. Irrgang

391 So. 2d 735, 1980 Fla. App. LEXIS 17904

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579378

Published

judgment is that Lake had been “vouched in” under Section 672.607(5)(a), Florida Statutes (1975) and, thus, was