The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

View Entire Chapter

F.S. 672.209

672.209 Modification, rescission, and waiver.—

(1) An agreement modifying a contract within this chapter needs no consideration to be binding.

(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

(3) The requirements of the statute of frauds section of this chapter (s. 672.201) must be satisfied if the contract as modified is within its provisions.

(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.

(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

History.—s. 1, ch. 65-254.

Note.—s. 2-209, U.C.C.

F.S. 672.209 on Google Scholar

F.S. 672.209 on Casetext

Amendments to 672.209

Arrestable Offenses / Crimes under Fla. Stat. 672.209

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.209.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CORAL REEF DRIVE LAND DEVELOPMENT, LLC, F. J. v. DUKE REALTY LIMITED PARTNERSHIP,, 45 So. 3d 897 (Fla. Dist. Ct. App. 2010)

. . . See § 672.209, Fla. Slat. (2009). . . .

TINGLEY SYSTEMS, INC. v. HEALTHLINK, INC., 509 F. Supp. 2d 1209 (M.D. Fla. 2007)

. . . . § 672.209(a). . . . .

BMC INDUSTRIES, INC. v. BARTH INDUSTRIES, INC. f. k. a. Co. BIC f. k. a., 160 F.3d 1322 (11th Cir. 1998)

. . . Stat. ch. 672.209 (1997) (emphasis added). 1. . . . Our conclusion follows from the plain language of subsections 672.209(4) and (5). . . . Citing chapter 672.209(4), the court concluded that the parties’ conduct demonstrated that they had waived . . . .1986) (addressing section 2-209 of the model version of the UCC, from which Florida adopted section 672.209 . . . Although the parties therefore did not successfully modify the Contract, we apply chapter 672.209 to . . .

FORD MOTOR CREDIT COMPANY v. WELLS, 27 Fla. Supp. 2d 99 (Polk Cty. Ct. 1988)

. . . See § 672.209(2), Fla. Stat. . . .

LA ROSA, v. C. FORTIER,, 492 So. 2d 425 (Fla. Dist. Ct. App. 1986)

. . . See § 672.209(3), Fla.Stat. (1983). . . .

SMITH v. PALM BEACH EUROCAR, INC., 15 Fla. Supp. 2d 48 (Fla. Cty. Ct. 1986)

. . . Sections 672.304(1), 672.208(3), 672.209(1), Fla. Stat. (1983). . . .

BILLERA v. CUSTOM LAMINATING WINDOW PRODUCTS, INC., 11 Fla. Supp. 2d 120 (Palm Beach Cty. Ct. 1985)

. . . Section 672.209(1), F.S. (1983). No new time limit for delivery was specified as of June 30. . . .

BENASIL CORPORATION, a v. AUTOMATED MEDICAL LABORATORIES, INC. a, 426 So. 2d 1161 (Fla. Dist. Ct. App. 1983)

. . . See § 672.209, Fla.Stat. (1981). Reversed and remanded. . . .

LINEAR CORPORATION S L v. STANDARD HARDWARE COMPANY,, 423 So. 2d 966 (Fla. Dist. Ct. App. 1982)

. . . Appellant contends the alleged subsequent agreement cannot be considered a waiver under Section 672.209 . . . Section 672.209(2) provides: A signed agreement which excludes modification or recission except by a . . . However, Section 672.209(4) provides: Although an attempt at modification or recission does not satisfy . . . This concept is consistent with the waiver provision of Section 672.209(4). . . .

USA F u B o VULCAN MATERIALS, v. VOLPE CONSTRUCTION, 622 F.2d 880 (5th Cir. 1980)

. . . . § 672.209(1) ] amply confirm the conclusion that the parties to the sales contract may terminate the . . . Stats. § 672.209(4), UCC § 2-209(4). . . . See Fla.Stats. § 672.209, UCC § 2-209, comments 3 & 4, Calamari & Perillo, Handbook on the Law of Contracts . . .