The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.716

672.716 Buyer’s right to specific performance or replevin.—

(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.

(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort she or he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

History.—s. 1, ch. 65-254; s. 610, ch. 97-102; s. 15, ch. 2001-198.

Note.—s. 2-716, U.C.C.

F.S. 672.716 on Google Scholar

F.S. 672.716 on Casetext

Amendments to 672.716

Arrestable Offenses / Crimes under Fla. Stat. 672.716

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.716.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DePRINCE, v. STARBOARD CRUISE SERVICES, INC., 163 So. 3d 586 (Fla. Dist. Ct. App. 2015)

. . . Herlong, 50 Fla. 521, 39 So. 111, 111 (1905)); see also § 672.716(1), Fla. . . .

HOROWITCH, v. DIAMOND AIRCRAFT INDUSTRIES, INC. a, 645 F.3d 1254 (11th Cir. 2011)

. . . . § 672.716(1) (adopting the Uniform Commercial Code position that “[sjpecific performance may be decreed . . .

HOROWITCH, v. DIAMOND AIRCRAFT INDUSTRIES, INC., 526 F. Supp. 2d 1236 (M.D. Fla. 2007)

. . . .” § 672.716(1), Fla. Stat. . . .

In DORADO MARINE, INC. v. TLB, An N. A., 321 B.R. 581 (Bankr. M.D. Fla. 2005)

. . . Florida Statutes §§ 672.501, 672.502, 672.508, 672.601, 672.602, 672.606, 672.703, 672.706, 672.711, 672.716 . . .

T AND T AIR CHARTER, INC. v. DUNCAN AIRCRAFT SALES,, 566 So. 2d 361 (Fla. Dist. Ct. App. 1990)

. . . Section 672.716(3) reads: The buyer has a right of replevin for goods identified to the contract if after . . .

E. PARSONS G. v. MOTOR HOMES OF AMERICA, INC., 465 So. 2d 1285 (Fla. Dist. Ct. App. 1985)

. . . damages for non-delivery — Sections 672.712 and 672.713; (3) specific performance or replevin — Section 672.716 . . .