Florida Statute 672.716 - 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. 672.716

672.716 Buyer’s right to specific performance or replevin.—

(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.

(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort she or he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

History.—s. 1, ch. 65-254; s. 610, ch. 97-102; s. 15, ch. 2001-198.

Note.—s. 2-716, U.C.C.

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Amendments to 672.716

Annotations, Discussions, Cases:

Cases Citing Statute 672.716

Total Results: 7

Horowitch v. DIAMOND AIRCRAFT INDUSTRIES, INC.

645 F.3d 1254, 2011 WL 2638142

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 425900

Cited 60 times | Published

performance to force its sale. See Fla. Stat. § 672.716(1) (adopting the Uniform Commercial Code position

Parsons v. Motor Homes of America

465 So. 2d 1285, 10 Fla. L. Weekly 576

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1695098

Cited 19 times | Published

713; (3) specific performance or replevin Section 672.716; (4) rejection Section 672.601; (5) revocation

Horowitch v. Diamond Aircraft Industries, Inc.

526 F. Supp. 2d 1236, 2007 U.S. Dist. LEXIS 68453, 2007 WL 2714094

District Court, M.D. Florida | Filed: Sep 17, 2007 | Docket: 804110

Cited 1 times | Published

are unique or in other proper circumstances." § 672.716(1), Fla. Stat. Specific performance should only

T and T Air Charter, Inc. v. Duncan Aircraft Sales

566 So. 2d 361, 1990 Fla. App. LEXIS 6702, 1990 WL 126385

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1529132

Cited 1 times | Published

Article 2 of the Uniform Commercial Code. Section 672.716(3) reads: The buyer has a right of replevin

JOSEPH S. DIMAURO, derivatively and as a Member of 784 LAKE ROGERS, LLC v. MICHAEL W. MARTIN and CLAUDIA A. KIWI

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012430

Published

Thompson, 100 So. 2d 634, 637 (Fla. 1st DCA 1958); § 672.716(1), Fla. Stat. (2020). Here, the operating agreement

DePrince v. Starboard Cruise Services, Inc.

163 So. 3d 586, 2015 Fla. App. LEXIS 5038, 2015 WL 1578739

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2647545

Published

39 So. 111, 111 (1905)); see also § 672.716(1), Fla. Stat. (2013) (“Specific performance may

Alan Horowitch v. Diamond Aircraft Industries, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 2906192

Published

performance to force its sale. See Fla. Stat. § 672.716(1) (adopting the Uniform Commercial Code