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Florida Statute 673.4161 | Lawyer Caselaw & Research
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F.S. 673.4161 Case Law from Google Scholar Google Search for Amendments to 673.4161

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS
View Entire Chapter
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;
(c) The instrument has not been altered;
(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.

F.S. 673.4161 on Google Scholar

F.S. 673.4161 on Casetext

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: District Court of Appeal of Florida | Date Filed: 2015-05-06

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: District Court of Appeal of Florida | Date Filed: 2006-06-21

Citation: 944 So. 2d 1031, 2006 WL 1686486

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

Lucas v. Bankatlantic

Court: District Court of Appeal of Florida | Date Filed: 2006-04-05

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

Snippet: issue under section 674.207, because the section 673.4161 transfer warranty is applicable under the undisputed

Sykes Corp. v. Eastern Metal Supply, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1995-08-23

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