Florida Statute 673.4161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.4161

673.4161 Transfer warranties.—

(1) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:

(a) The warrantor is a person entitled to enforce the instrument;

(b) All signatures on the instrument are authentic and authorized;

(d) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and

(e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

(2) A person to whom the warranties under subsection (1) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.

(3) The warranties stated in subsection (1) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (2) is discharged to the extent of any loss caused by the delay in giving notice of the claim.

(4) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

History.—s. 2, ch. 92-82.

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Amendments to 673.4161

Arrestable Offenses / Crimes under Fla. Stat. 673.4161

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4161.

Annotations, Discussions, Cases:

Cases Citing Statute 673.4161

Total Results: 4

HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., and U.S. Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:00:00-07:00

Citation: 165 So. 3d 696, 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716

Snippet: La-Salle Bank without a remedy. Under section 673.4161(1), Florida Statutes (2014), LaSalle has an action

Lucas v. BankAtlantic

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-21T00:53:00-07:00

Citation: 944 So. 2d 1031

Snippet: should not have relied on sections 673.4041 and 673.4161, Florida Statutes (2004), to decide this case

Lucas v. Bankatlantic

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-05T00:00:00-07:00

Citation: 924 So. 2d 959, 59 U.C.C. Rep. Serv. 2d (West) 346, 2006 Fla. App. LEXIS 4967, 2006 WL 862903

Snippet: both sections 673.4151 and 673.4161, Florida Statutes (2004). Section 673.4161(1) contemplates that a transfer…issue under section 674.207, because the section 673.4161 transfer warranty is applicable under the undisputed…to § 674.207,” Florida Statutes (2004). Section 673.4161, Florida Statutes (2004), also concerns transfer…674.207 applies to all "items,” while section 673.4161 applies to "instruments.” Second, section…section 674.207(2) does not appear in section 673.4161; subsection (2) "places liability on a transferor

Sykes Corp. v. Eastern Metal Supply, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-23T00:00:00-07:00

Citation: 659 So. 2d 475, 27 U.C.C. Rep. Serv. 2d (West) 504, 1995 Fla. App. LEXIS 8870, 1995 WL 497263

Snippet: 478deliberately not considered the effect of section 673.4161(l)(b), Florida Statutes (1993), on Amelung’s endorsement