Florida Statute 680.212 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

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F.S. 680.212

680.212 Implied warranty of merchantability.—

(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.

(2) Goods to be merchantable must be at least such as:

(a) Pass without objection in the trade under the description in the lease agreement.

(b) In the case of fungible goods, are of fair average quality within the description.

(d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved.

(e) Are adequately contained, packaged, and labeled as the lease agreement may require.

(f) Conform to any promises or affirmations of fact made on the container or label.

(3) Other implied warranties may arise from course of dealing or usage of trade.

History.—s. 1, ch. 90-278.

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Amendments to 680.212

Arrestable Offenses / Crimes under Fla. Stat. 680.212

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 680.212.

Annotations, Discussions, Cases:

Cases Citing Statute 680.212

Total Results: 2

Amoroso v. SAMUEL FRIEDLAND FAMILY

Court: District Court of Appeal of Florida | Date Filed: 1992-10-14

Citation: 604 So. 2d 827, 1992 WL 68975

Snippet: implied warranties to lease transactions in sections 680.212 and 680.213, Florida Statutes (1991), undoubtedly

United Bonding Insurance v. Bay Steel Products Co.

Court: Supreme Court of Florida | Date Filed: 1968-10-15

Citation: 218 So. 2d 174

Snippet: Certiorari denied without opinion. So.2d 680. 212