Florida Statute 672.709 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.709

672.709 Action for the price.—

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price:

(a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and

(b) Of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.

(2) Where the seller sues for the price she or he must hold for the buyer any goods which have been identified to the contract and are still in her or his control except that if resale becomes possible the seller may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles her or him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (s. 672.610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.

History.—s. 1, ch. 65-254; s. 606, ch. 97-102.

Note.—s. 2-709, U.C.C.

F.S. 672.709 on Google Scholar

F.S. 672.709 on Casetext

Amendments to 672.709

Arrestable Offenses / Crimes under Fla. Stat. 672.709

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.709.

Annotations, Discussions, Cases:

Cases Citing Statute 672.709

Total Results: 5

Royal Jones & Assocs., Inc. v. First Thermal Systems, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-08-30

Citation: 566 So. 2d 853, 1990 WL 126332

Snippet: amount of the contract price pursuant to section 672.709, Florida Statutes (1987).[1] Because the goods

Page Avjet Corp. v. Cosgrove Aircraft Serv., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-05-16

Citation: 546 So. 2d 16, 14 Fla. L. Weekly 1195, 1989 Fla. App. LEXIS 2803, 1989 WL 49924

Snippet: the existence of conditions expressed in section 672.709, Florida Statutes (1985);[1] however, the record

Design Time, Inc. v. Monco of Orlando, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-01-14

Citation: 518 So. 2d 454, 1988 WL 1073

Snippet: 025.08. Design Time contends that under section 672.709, Florida Statutes, Monco was clearly not entitled

Vanleigh Contract Corp. v. Andrew M., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-09-23

Citation: 388 So. 2d 50, 1980 Fla. App. LEXIS 23582

Snippet: PER CURIAM. Affirmed. §§ 672.401, 672.703(5), 672.709(1)(a), Fla.Stat. (1979); Geiser v. Permacrete,

Vagabond Container, Inc. v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 1978-03-07

Citation: 356 So. 2d 1266, 1978 Fla. App. LEXIS 15598

Snippet: goods "accepted" by the buyer, pursuant to Section 672.709, Florida Statutes (1975). Sub judice, the trial