The 2023 Florida Statutes (including Special Session C)

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.

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 from cite.case.law:

HSBC BANK USA, N. A. v. PEREZ, G. N. A. U. S. N. A. N. A. N. A. WMALT, 165 So. 3d 696 (Fla. Dist. Ct. App. 2015)

. . . Under section 673.4161(1), Florida Statutes (2014), LaSalle has an action for breach of warranty against . . .

J. LUCAS, v. BANKATLANTIC,, 944 So. 2d 1031 (Fla. Dist. Ct. App. 2006)

. . . We should not have relied on sections 673.4041 and 673.4161, Florida Statutes (2004), to decide this . . .

J. LUCAS, v. BANKATLANTIC,, 924 So. 2d 959 (Fla. Dist. Ct. App. 2006)

. . . As an indorser, he was liable to BankAtlantic under both sections 673.4151 and 673.4161, Florida Statutes . . . Section 673.4161(1) contemplates that a transfer may be “by in-dorsement.” . . . Section 673.4161, Florida Statutes (2004), also concerns transfer warranties, and is "virtually identical . . . First, section 674.207 applies to all "items,” while section 673.4161 applies to "instruments.” . . . Second, section 674.207(2) does not appear in section 673.4161; subsection (2) "places liability on a . . .

SYKES CORPORATION, f k a v. EASTERN METAL SUPPLY, INC. A. Jr. Jr. N. A., 659 So. 2d 475 (Fla. Dist. Ct. App. 1995)

. . . We have deliberately not considered the effect of section 673.4161(l)(b), Florida Statutes (1993), on . . .