Florida Statute 672.709 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

View Entire Chapter

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 CourtListener

Amendments to 672.709

Annotations, Discussions, Cases:

Cases Citing Statute 672.709

Total Results: 6

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

518 So. 2d 454, 1988 WL 1073

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1778574

Cited 5 times | Published

$28,025.08. Design Time contends that under section 672.709, Florida Statutes, Monco was clearly not entitled

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

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

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 1730976

Cited 3 times | Published

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

Moltech Power Systems, Inc. v. Truelove & MacLean, Inc. (In Re Moltech Power Systems, Inc.)

326 B.R. 179, 18 Fla. L. Weekly Fed. B 227, 54 Collier Bankr. Cas. 2d 442, 2005 Bankr. LEXIS 970, 44 Bankr. Ct. Dec. (CRR) 274, 2005 WL 1308898

United States Bankruptcy Court, N.D. Florida | Filed: Jun 1, 2005 | Docket: 1739102

Cited 2 times | Published

("UCC") as adopted by Florida. See Fla. Stat. § 672.709 (2000). Section 2-709 of the UCC allows a seller

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

566 So. 2d 853, 1990 WL 126332

District Court of Appeal of Florida | Filed: Aug 30, 1990 | Docket: 1529089

Cited 1 times | Published

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

Vagabond Container, Inc. v. City of Miami Beach

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

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 1739820

Cited 1 times | Published

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

World Fuel Services, Inc. v. John E. Retzner Oil Co.

234 F. Supp. 3d 1234, 2017 U.S. Dist. LEXIS 6081, 2017 WL 213061

District Court, S.D. Florida | Filed: Jan 17, 2017 | Docket: 64312675

Published

Plaintiffs actual losses in accordance with Fla. Stat. 672.709, which codifies the Uniform Commercial Code