Florida Statute 672.607 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

View Entire Chapter

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.

F.S. 672.607 on Google Scholar

F.S. 672.607 on Casetext

Amendments to 672.607

Arrestable Offenses / Crimes under Fla. Stat. 672.607

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.607.

Annotations, Discussions, Cases:

Cases Citing Statute 672.607

Total Results: 12

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

Court: District Court of Appeal of Florida | Date Filed: 1997-03-12

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1991-03-19

Citation: 576 So. 2d 1330, 1991 WL 35358

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

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

Court: District Court of Appeal of Florida | Date Filed: 1989-03-02

Citation: 538 So. 2d 1379, 1989 WL 16644

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

Parsons v. Motor Homes of America

Court: District Court of Appeal of Florida | Date Filed: 1985-03-07

Citation: 465 So. 2d 1285, 10 Fla. L. Weekly 576

Snippet: has accepted goods and given notification (s. 672.607(3)) he may recover as damages for any nonconformity

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

Court: District Court of Appeal of Florida | Date Filed: 1982-11-09

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1982-03-09

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

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

Lake v. Irrgang

Court: District Court of Appeal of Florida | Date Filed: 1980-12-24

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

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

ADAM METAL SUPPLY v. Electrodex, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-09-03

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

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

General Matters, Inc. v. Paramount Canning Co.

Court: District Court of Appeal of Florida | Date Filed: 1980-04-09

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

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

Bill Branch Chevrolet, Inc. v. Redmond

Court: District Court of Appeal of Florida | Date Filed: 1980-01-04

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1977-11-15

Citation: 351 So. 2d 351

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

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

Court: District Court of Appeal of Florida | Date Filed: 1976-07-07

Citation: 335 So. 2d 18

Snippet: reasonable opportunity to inspect them; or ... "672.607 Effect of acceptance; notice of breach; burden