Florida Statute 673.4161 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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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

Annotations, Discussions, Cases:

Cases Citing Statute 673.4161

Total Results: 3

Sykes Corp. v. Eastern Metal Supply, Inc.

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

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758373

Cited 1 times | Published

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

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

165 So. 3d 696, 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679361

Published

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

Lucas v. Bankatlantic

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

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843282

Published

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

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