Florida Statute 672.609 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.609

672.609 Right to adequate assurance of performance.—

(1) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he or she receives such assurance may if commercially reasonable suspend any performance for which he or she has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.

(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

History.—s. 1, ch. 65-254; s. 594, ch. 97-102.

Note.—s. 2-609, U.C.C.

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Amendments to 672.609

Arrestable Offenses / Crimes under Fla. Stat. 672.609

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.609.

Annotations, Discussions, Cases:

Cases Citing Statute 672.609

Total Results: 2

Carolina Consulting Corp. v. Ajax Paving Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-01-20

Citation: 86 So. 3d 502, 2012 Fla. App. LEXIS 689, 2012 WL 163927

Snippet: respect to the performance of’ the other party. § 672.609(1), Fla. Stat. (2005). Once adequate assurance

FORD MOTOR CR. CO. v. Alachua Trading Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-08-22

Citation: 531 So. 2d 982, 6 U.C.C. Rep. Serv. 2d (West) 1141, 13 Fla. L. Weekly 1956, 1988 Fla. App. LEXIS 3814, 1988 WL 86343

Snippet: constitute a breach of the agreement under section 672.609, Florida Statutes. We find that appellant has not