The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.312

672.312 Warranty of title and against infringement; buyer’s obligation against infringement.—

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:

(a) The title conveyed shall be good, and its transfer rightful; and

(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in herself or himself or that the seller is purporting to sell only such right or title as she or he or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

History.—s. 1, ch. 65-254; s. 564, ch. 97-102.

Note.—s. 2-312, U.C.C.

F.S. 672.312 on Google Scholar

F.S. 672.312 on Casetext

Amendments to 672.312

Arrestable Offenses / Crimes under Fla. Stat. 672.312

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.312.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LOCKHEED MARTIN CORPORATION, v. GALAXIS USA, LTD. a GMBH f k a GMBH, a k a MBH, a, 222 F. Supp. 2d 1315 (M.D. Fla. 2002)

. . . of breach or be barred from any remedy; and (b) If the claim is one for infringement or the like (s.672.312 . . . (b) If the claim is one for infringement or the like (s.672.312(3)) the original seller may demand in . . . apply to any obligation of a buyer to hold the seller harmless against infringement or the like (s.672.312 . . .

MAROONE CHEVROLET, INC. v. NORDSTROM,, 587 So. 2d 514 (Fla. Dist. Ct. App. 1991)

. . . amended complaint alleges that appellant: (1) committed a breach of warranty of title under section 672.312 . . . Section 672.312 provides in part as follows: Warranty of title and against infringement; buyer’s obligation . . . against appellant and therefore appellee’s argument that such “warranty” cannot be excluded under section 672.312 . . . squarely addressed whether a cloud on a title is sufficient to breach a seller’s warranty under section 672.312 . . .

BILL WALLACE FORD, INC. v. LAMOUREAUX, 33 Fla. Supp. 2d 47 (Fla. Cty. Ct. 1988)

. . . . § 672.312, Fla. Stat. (1987). . . . Comment 1 to §672.312 suggests that a warranty of title protects a buyer even against claims which ultimately . . .

HAYES LEASING SYSTEMS, INC. v. ICE HOUSE, INC. s, 506 So. 2d 1073 (Fla. Dist. Ct. App. 1987)

. . . equipment to Hayes which resulted in the Ice House warranting title to the equipment pursuant to section 672.312 . . . Section 672.312, Florida Statutes (1985), by its terms, predicates warranty of title, and hence an action . . .

LAWSON, v. H. G. TURNER,, 404 So. 2d 424 (Fla. Dist. Ct. App. 1981)

. . . Section 672.312, Florida Statutes (1973) states: (1) Subject to subsection (2) there is in a contract . . .

BILL BRANCH CHEVROLET, INC. v. T. REDMOND,, 378 So. 2d 319 (Fla. Dist. Ct. App. 1980)

. . . Section 672.312, Fla.Stat.(1977). See Walker v. Hilliard, 329 So.2d 44 (Fla.1st DCA 1976); Frank v. . . .

CARTER HAWLEY HALE STORES, INC. v. J. CONLEY,, 372 So. 2d 965 (Fla. Dist. Ct. App. 1979)

. . . appraisal, constituted an express warranty under Section 2-312 of the Uniform Commercial Code [Chapter 672.312 . . .