The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

View Entire Chapter

F.S. 672.709

672.709 Action for the price.—

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price:

(a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and

(b) Of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.

(2) Where the seller sues for the price she or he must hold for the buyer any goods which have been identified to the contract and are still in her or his control except that if resale becomes possible the seller may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles her or him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (s. 672.610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.

History.—s. 1, ch. 65-254; s. 606, ch. 97-102.

Note.—s. 2-709, U.C.C.

F.S. 672.709 on Google Scholar

F.S. 672.709 on Casetext

Amendments to 672.709

Arrestable Offenses / Crimes under Fla. Stat. 672.709

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.709.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WORLD FUEL SERVICES, INC. v. JOHN E. RETZNER OIL COMPANY, INC., 234 F. Supp. 3d 1234 (S.D. Fla. 2017)

. . . Stat. 672.709, which codifies the Uniform Commercial Code. . . .

In MOLTECH POWER SYSTEMS, INC. n k a n k a v., 326 B.R. 179 (Bankr. N.D. Fla. 2005)

. . . . § 672.709 (2000). . . . Stat. § 672.709 in a specialty goods contract setting)as a basis for its affirmative defense is misplaced . . .

ROYAL JONES ASSOCIATES, INC. a v. FIRST THERMAL SYSTEMS, INC. a, 566 So. 2d 853 (Fla. Dist. Ct. App. 1990)

. . . awarding damages to First Thermal Systems, Inc., in the amount of the contract price pursuant to section 672.709 . . . damages was not a viable defense, the court entered judgment for First Thermal, pursuant to section 672.709 . . . Section 672.709(l)(b) provides that when the buyer fails to pay the price for goods as it becomes due . . . While there are no Florida appellate decisions interpreting section 672.709 that would be applicable . . . Section 672.709 is the same as section 2-709 of the Uniform Commercial Code (UCC). . . .

PAGE AVJET CORPORATION, v. COSGROVE AIRCRAFT SERVICE, INC., 546 So. 2d 16 (Fla. Dist. Ct. App. 1989)

. . . recovery, Cosgrove’s complaint would have had to allege the existence of conditions expressed in section 672.709 . . . Similarly, if this action were for the purchase price under the U.C.C., see § 672.709, Fla.Stat. (1985 . . . Section 672.709, FIa.Stat. (1985), provides: (1) When the buyer fails to pay the price as it becomes . . .

DESIGN TIME, INC. a v. MONCO OF ORLANDO, INC. a, 518 So. 2d 454 (Fla. Dist. Ct. App. 1988)

. . . Design Time contends that under section 672.709, Florida Statutes, Moneo was clearly not entitled to . . .

VANLEIGH CONTRACT CORPORATION, v. ANDREW M. INC., 388 So. 2d 50 (Fla. Dist. Ct. App. 1980)

. . . . §§ 672.401, 672.703(5), 672.709(1)(a), Fla.Stat. (1979); Geiser v. . . .

VAGABOND CONTAINER, INC. v. CITY OF MIAMI BEACH,, 356 So. 2d 1266 (Fla. Dist. Ct. App. 1978)

. . . 1975); and recovery of the' contract price of any goods “accepted” by the buyer, pursuant to Section 672.709 . . .