Florida Statute 672.716 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 672.716

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.716.

Annotations, Discussions, Cases:

Cases Citing Statute 672.716

Total Results: 4

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

Court: District Court of Appeal of Florida | Date Filed: 2023-03-15

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1990-09-05

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

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

Parsons v. Motor Homes of America

Court: District Court of Appeal of Florida | Date Filed: 1985-03-07

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

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