Florida Statutes

Fla. Stat. § 672.711 (2025)

Buyer’s remedies in general; buyer’s security interest in rejected goods.

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672.711 Buyer’s remedies in general; buyer’s security interest in rejected goods.—

(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (s. 672.612), the buyer may cancel and whether or not he or she has done so may in addition to recovering so much of the price as has been paid:

(a) “Cover” and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or

(b) Recover damages for nondelivery as provided in this chapter (s. 672.713).

(2) Where the seller fails to deliver or repudiates the buyer may also:

(a) If the goods have been identified recover them as provided in this chapter (s. 672.502); or

(b) In a proper case obtain specific performance or replevy the goods as provided in this chapter (s. 672.716).

(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his or her possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (s. 672.706).

History.—s. 1, ch. 65-254; s. 607, ch. 97-102.

Note.—s. 2-711, U.C.C.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1981–2023 · leading case: Bland v. Freightliner LLC, 206 F. Supp. 2d 1202 (M.D. Fla. 2002).

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Bland v. Freightliner LLC, 206 F. Supp. 2d 1202 (M.D. Fla. 2002). · cites it 2× “Alternatively, the Blands seek to revoke the acceptance of their new motor vehicle pursuant to Section 672.711, Florida Statutes (2001).”

Royco, Inc. v. Cottengim, 427 So. 2d 759 (Fla. 5th DCA 1983). · cites it 5× “The trial court ruled the Cottengims had not accepted the mobile home; Royco had materially breached the sales contract; and the Cottengims could cancel the contract under section 672.711, Florida Statutes (1981), even though they had an adequate remedy at law (damages).”

Armadillo Distrib. Enter., Inc. v. Hai Yun Musical Instruments Manufacture Co., 142 F. Supp. 3d 1245 (M.D. Fla. 2015). · cites it 2× “3d DCA 2006); Fla. Stat. § 672.711 . Florida law also provides for recovery of general, incidental, and consequential damages.”

Goodell v. KT Enter., Ltd., 394 So. 2d 1087 (Fla. 1st DCA 1981). “Further, as stated in Section 672.711: (1) Where ... the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (s.”

Northside Fire Exting. Serv. & Welding Supplies, Inc. v. Wilson Davis Ford, Inc., 426 So. 2d 55 (Fla. 2d DCA 1983). · cites it 2× “Appellees then stood in breach of the sales contract and appellant Northside had all the remedies provided by section 672.711, Florida Statutes (1981).”

Jauregui v. Bobb's Piano Sales & Serv., Inc., 922 So. 2d 303 (Fla. 3d DCA 2006). “It is the law, however, as reflected in the judgment rendered by the actual trial judge, that, in a case such as this one, the purchaser of non-conforming goods like the offending piano retains the option to claim either the difference in value or, as plaintiff clearly did in…”

Fryatt v. Lantana One, Ltd., 866 So. 2d 158 (Fla. 1st DCA 2004). · cites it 4× “§ 672.711(1), Fla. Stat. (2002). Trial testimony revealed that appellee purchased the computer system from the appellants for three of its stores for a total price of ,000.”

Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). · cites it 2× “the buyer may cancel and: (a) ‘cover’ and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) recover damages for nondelivery as provided in this chapter (s.”

Hikes v. McNamara Pontiac, Inc., 510 So. 2d 1212 (Fla. 5th DCA 1987). · cites it 4× “” To accomplish a “revocation of acceptance” under section 672.711, Florida Statutes, in order to be entitled to recover the purchase price paid, all a repudiating buyer has to do is communicate his intent to revoke and redeliver the goods to the seller.”

Peppler v. Kasual Kreations, Inc., 416 So. 2d 864 (Fla. 3d DCA 1982). · cites it 2× “Based upon defendant's motion to dismiss, the trial judge transferred the cause to the county court and the buyers brought the instant petition for writ of common law certiorari.”

Schuler v. Ercole USA, LLC (S.D. Fla. 2023). · cites it 4× “First, Plaintiff brings a count of Cancellation of Contract pursuant to Fla. Stat. § 672.711 (Count II). Id. ¶ 21 .”

Kosen v. Curtis Field, Inc., 18 Fla. Supp. 2d 18 (Fla. Palm Beach Cty. Ct. 1986). · cites it 2× “§ 672.711(1), Fla. Stat. (1985). Defendant may not limit Plaintiffs’ recovery to a credit on other goods from Defendant.”

Show all 14 citing cases →

— 672.711(1) — 6 cases

Royco, Inc. v. Cottengim, 427 So. 2d 759 (Fla. 5th DCA 1983). “The trial court ruled the Cottengims had not accepted the mobile home; Royco had materially breached the sales contract; and the Cottengims could cancel the contract under section 672.711, Florida Statutes (1981), even though they had an adequate remedy at law (damages).”

Fryatt v. Lantana One, Ltd., 866 So. 2d 158 (Fla. 1st DCA 2004). “§ 672.711(1), Fla. Stat. (2002). Trial testimony revealed that appellee purchased the computer system from the appellants for three of its stores for a total price of ,000.”

Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). “the buyer may cancel and: (a) ‘cover’ and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) recover damages for nondelivery as provided in this chapter (s.”

Hikes v. McNamara Pontiac, Inc., 510 So. 2d 1212 (Fla. 5th DCA 1987). “” To accomplish a “revocation of acceptance” under section 672.711, Florida Statutes, in order to be entitled to recover the purchase price paid, all a repudiating buyer has to do is communicate his intent to revoke and redeliver the goods to the seller.”

Kosen v. Curtis Field, Inc., 18 Fla. Supp. 2d 18 (Fla. Palm Beach Cty. Ct. 1986). “§ 672.711(1), Fla. Stat. (1985). Defendant may not limit Plaintiffs’ recovery to a credit on other goods from Defendant.”

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