Florida Statute 672.609 - 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. 672.609

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

Annotations, Discussions, Cases:

Cases Citing Statute 672.609

Total Results: 5

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

the contract. See Fla. Stat. § 672.609(1). Specifically, Section 672.609(1) states: A contract for sale

Cafaro v. Zois

693 F. App'x 810

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2017 | Docket: 65965294

Cited 1 times | Published

respond to his request for adequate assurances. Section 672.609, Florida Statutes, states, “When reasonable

In Re JW Aluminum Co.

200 B.R. 64, 30 U.C.C. Rep. Serv. 2d (West) 543, 10 Fla. L. Weekly Fed. B 64, 1996 Bankr. LEXIS 1091, 1996 WL 506769

United States Bankruptcy Court, M.D. Florida | Filed: Jul 25, 1996 | Docket: 1421891

Cited 1 times | Published

the Uniform Commercial Code as adopted by section 672.609 of the Florida Statutes, such as posting a

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

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

District Court of Appeal of Florida | Filed: Aug 22, 1988 | Docket: 2508935

Cited 1 times | Published

constitute a breach of the agreement under section 672.609, Florida Statutes. We find that appellant has

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

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

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 60307689

Published

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