Florida Statutes
Fla. Stat. § 672.709 (2025)
Action for the price.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—s. 2-709, U.C.C.
Notes of Decisions
Cited in 6
cases, 1978–2017 · leading case: Page Avjet Corp. v. Cosgrove Aircraft Serv., Inc., 546 So. 2d 16 (Fla. 3d DCA 1989).
Page Avjet Corp. v. Cosgrove Aircraft Serv., Inc., 546 So. 2d 16 (Fla. 3d DCA 1989). “, see § 672.709, Fla. Stat. (1985), failure to answer a demand letter would not support a finding of liability.”
Moltech Power Sys., Inc. v. Truelove & MacLean, Inc. (In Re Moltech Power Sys., Inc.), 326 B.R. 179 (Bankr. N.D. Fla. 2005). “See Fla. Stat. § 672.709 (2000). Section 2-709 of the UCC allows a seller to recover from a buyer the price of goods identified in a contract if the seller is unable to resell them at a reasonable price or if any effort to sell them would be unavailing.”
Vagabond Container, Inc. v. City of Miami Beach, 356 So. 2d 1266 (Fla. 3d DCA 1978). “In determining the full measure of damages to be awarded, the jury should have been instructed in the following areas: lost profits, pursuant to Section 672.708(2), Florida Statutes (1975); incidental damages, pursuant to Section 672.”
Design Time, Inc. v. Monco of Orlando, Inc., 518 So. 2d 454 (Fla. 5th DCA 1988). “Design Time contends that under section 672.709, Florida Statutes, Monco was clearly not entitled to recover the contract price.”
Royal Jones & Assocs., Inc. v. First Thermal Sys., Inc., 566 So. 2d 853 (Fla. 1st DCA 1990). “, in the amount of the contract price pursuant to section 672.709, Florida Statutes (1987).”
World Fuel Servs., Inc. v. John E. Retzner Oil Co., 234 F. Supp. 3d 1234 (S.D. Fla. 2017). “Defendant disagrees, arguing the contract is not take or pay in substance because (1) its terms do not contemplate the alternative performance options required in take or pay agreements, and (2) the contract lacks a make-up clause.”
— 672.709(1)(b) — 1 case
Royal Jones & Assocs., Inc. v. First Thermal Sys., Inc., 566 So. 2d 853 (Fla. 1st DCA 1990). “, in the amount of the contract price pursuant to section 672.709, Florida Statutes (1987).”
— 672.709(2) — 1 case
Royal Jones & Assocs., Inc. v. First Thermal Sys., Inc., 566 So. 2d 853 (Fla. 1st DCA 1990). “, in the amount of the contract price pursuant to section 672.709, Florida Statutes (1987).”
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