Florida Statutes
Fla. Stat. § 713.15 (2025)
Repossession of materials not used.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
713.15 Repossession of materials not used.—If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession. This right to repossess and remove or replevy the materials shall not be affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess or replevy them shall not be effective as against a purchaser or encumbrancer thereof in good faith whose interest therein is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer. The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price which has been paid.
Note.—Former s. 84.151.
Notes of Decisions
Cited in 7
cases, 1976–1998 · leading case: Nat'l Steel Prods. Co. v. DONALD L. MYRICK, ETC., 353 So. 2d 657 (Fla. 2d DCA 1977).
Nat'l Steel Prods. Co. v. DONALD L. MYRICK, ETC., 353 So. 2d 657 (Fla. 2d DCA 1977). “rials never were incorporated in the intended improvement or any other improvement to the real property; that the intended improvement had been abandoned; that the materials had not been removed from the real property to which they were delivered; and that appellant is therefore…”
Nixon v. Davis Water & Waste Indus., Inc. (In re D.R. Goris Plumbing, Inc.), 49 B.R. 146 (Bankr. M.D. Fla. 1985). “*148 It is the Trustee’s position that at the time of the repossession and sale of the ceramic pipe, Davis no longer possessed a perfected statutory lien as provided by § 713.15 Fla.Stat. (Florida Mechanics Lien Law); that Davis elected to file suit on the debt rather than…”
Florida Fed. Sav. & Loan Ass'n v. Britt's, Inc., 455 So. 2d 1345 (Fla. 5th DCA 1984). “, pursuant to section 713.15, Florida Statutes (1983), to repossess certain appliances which had been installed in a residence foreclosed upon by Florida Federal.”
Associated Hous. Corp. v. KELLER BLDG. Prods., 335 So. 2d 362 (Fla. 1st DCA 1976). “, and SCHLEGEL, LEW, Associate Judge, concur. NOTES [1] F.”
Gen. Elec. Co. v. Atl. Shores, Inc., 436 So. 2d 974 (Fla. 5th DCA 1983). “See also § 713.15, Fla. Stat. (1981). On the other hand, if, at that time, the goods had become fixtures, General Electric was relegated to pursuit of its mechanic's lien remedy.”
Avdoyan v. Davis Water & Waste Indus., Inc., 589 F.2d 851 (5th Cir. 1979). “Fla.Stat. § 713.15 (1977) provides: Repossession of materials not used — If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement…”
Le Dauphin Condo. Ass'n v. Groundworks of Palm Beach Cnty., Inc., 719 So. 2d 13 (Fla. 4th DCA 1998). “The parties argue whether a lien on behalf of Groundworks occurred in the course of these transactions under section 713.15, Florida Statutes (1993). No such entitlement on behalf of Groundworks was created by this simple commercial transaction.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.