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Florida Statute 672.326 | Lawyer Caselaw & Research
F.S. 672.326 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 672.326

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 672
UNIFORM COMMERCIAL CODE: SALES
View Entire Chapter
F.S. 672.326
672.326 Sale on approval and sale or return; rights of creditors.
(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
(a) A “sale on approval” if the goods are delivered primarily for use, and
(b) A “sale or return” if the goods are delivered primarily for resale.
(2) Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer’s possession.
(3) Any “or return” term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this chapter (s. 672.201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (s. 672.202).
History.s. 1, ch. 65-254; s. 572, ch. 97-102; s. 13, ch. 2001-198.
Note.s. 2-326, U.C.C.

F.S. 672.326 on Google Scholar

F.S. 672.326 on Casetext

Amendments to 672.326


Arrestable Offenses / Crimes under Fla. Stat. 672.326
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.326.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In AQUAMARINE USA, INC., 330 B.R. 280 (Bankr. M.D. Fla. 2005)

. . . Consignment sales are governed by §§ 672.326, et seq., of the Florida Uniform Commercial Code. . . . Boat to the Debtor and the subsequent sale to Koetter constitutes a consignment sale pursuant to § 672.326 . . .

In MORGANSEN S LTD,, 302 B.R. 784 (Bankr. E.D.N.Y. 2003)

. . . . § 672.326, which adopts Article 2 of the UCC). . . .

In CORVETTE COLLECTION OF BOSTON, INC. C. v. J., 294 B.R. 409 (Bankr. S.D. Fla. 2003)

. . . Stat. 672.326(1). . . . Stat. 672.326(l)(a). . . . Stat. 672.326(l)(b). . . . Stat. § 672.326(3). . . . Stat. § 672.326(3)(a) through (c). . . .

LYNCH AUSTIN REALTY, INC. v. A. ENGLER, W. A., 647 So. 2d 988 (Fla. Dist. Ct. App. 1994)

. . . We look to section 672.326, Florida Statutes (1991), for guidance in resolving this issue under the peculiar . . . be the case here, are subject to the claims of a buyer’s creditor while in the buyer’s possession. § 672.326 . . . order to prevail over a creditor’s claim, however, the supplier of the goods must comply with section 672.326 . . . Thus, “[section 672.326(3), Florida Statutes, was enacted for the purpose of protecting creditors of . . . of compliance "with the filing provisions of the chapter on secured transactions (chapter 679).” § 672.326 . . .

In HASTINGS MARINE CORPORATION, d b a, 99 B.R. 98 (Bankr. M.D. Fla. 1989)

. . . creditors of the so-called consignee unless the person making delivery complies with the provisions of § 672.326 . . . interest evidenced by a sign, or with the alternative available to a consignor under subclause (a) of § 672.326 . . . consideration whether or not Magic Tilt has established a compliance with the criteria set forth in either § 672.326 . . .

COPY SERVICE, INC. a v. FLORIDA COPY CORPORATION, a, 527 So. 2d 247 (Fla. Dist. Ct. App. 1988)

. . . Allied Marine, 513 So.2d 677 (Fla. 3d DCA 1987); §§ 672.326-.327, Fla.Stat. (1985); it argues that since . . .

MAHLER, v. ALLIED MARINE, P., 513 So. 2d 677 (Fla. Dist. Ct. App. 1987)

. . . right to the use of the goods pending approval, and which is described as a “sale on approval,” see §§ 672.326 . . .

In DENMARK COMPANY, INC. L. BAKST, v. WHEELER OIL COMPANY, INC., 73 B.R. 325 (Bankr. S.D. Fla. 1987)

. . . . § 672.326) is controlling in this instance. . . .

In HOLYWELL CORP. s BANK OF NEW YORK, v. OLYMPIA YORK FLORIDA EQUITY CORP. O Y B., 51 B.R. 56 (Bankr. S.D. Fla. 1985)

. . . security interest, but a consignment is in any event subject to the provisions on consignment sales (s.672.326 . . .

In UNITED PRECIOUS METALS, INC. JOHNSON MATTHEY LTD. v. UNITED PRECIOUS METALS, INC., 39 B.R. 14 (Bankr. S.D. Fla. 1984)

. . . of the identifiable silver bars to the debtor was not a consignment sale under the provisions of § 672.326 . . .

GEORGIA- PACIFIC CORPORATION, a v. WALTER E. HELLER COMPANY SOUTHEAST, INC. a, 440 So. 2d 666 (Fla. Dist. Ct. App. 1983)

. . . a bankrupt entity was a transaction encompassed within the Florida Uniform Commercial Code, Section 672.326 . . . The legislative history with respect to Section 672.326(3), Florida Statutes, indicates that a consignee . . . Official Comment 2, Section 672.326, Florida Statutes. . . . Section 672.326(3), Florida Statutes, was enacted for the purpose of protecting the creditors of a merchant . . . Bill Amos was to facilitate sales transactions and was thus “for sale” within the meaning of Section 672.326 . . .

In NEW YORK DIAMOND AND JEWELRY EXCHANGE, INC. YUGORSKY, v. NEW YORK DIAMOND AND JEWELRY EXCHANGE, INC., 26 B.R. 32 (Bankr. S.D. Fla. 1982)

. . . Sec. 672.326, 679.802 and 679.114. 4. . . . See. 672.326(3), 679.114; In re Florida Consumer’s Furniture Warehouse, 9 B.R. 7 (S.D.Fla.1981); In re . . .

In JAM FINE FURNITURE, INC. d b a D. SEIDLE, v. TASHMAN,, 19 B.R. 578 (Bankr. S.D. Fla. 1982)

. . . State to perfect the security interest and inventory, nor was the claimed lien perfected under FSA 672.326 . . .

In FLORIDA CONSUMER S FURNITURE WAREHOUSE, INC. E. GENNET, v. ORIENTAL RUG AGENCY, INC. a, 9 B.R. 7 (Bankr. S.D. Fla. 1981)

. . . As defined by § 2-326 of the U.C.C., § 672.326(2) and (3), Florida Statutes, goods delivered primarily . . .

CENTRAL NATIONAL BANK OF MIAMI v. MOTIF ART GALLERIES,, 49 Fla. Supp. 104 (Dade Cty. Cir. Ct. 1979)

. . . The bank’s contention in this regard is predicated on Florida Statute 672.326 (1977) [§2-326 Uniform . . . Commercial Code] which provides — 672.326 Sale on approval and sale or return; consignment sales and . . . Ltd. and Editions, Inc. have attempted to except their transactions with Motif from the operation of §672.326 . . . Throughout these proceedings, the court has not been unmindful of the potentially harsh consequences of Sec. 672.326 . . . precision, the meaning of “generally known” and “substantially engaged” as those terms are used in §672.326 . . .

DREWRY v. THOMPSON DOOR COMPANY,, 47 Fla. Supp. 177 (Broward Cty. Cir. Ct. 1978)

. . . warehouse by the sheriff of Broward County, having perfected same in accordance with the requirements of §672.326 . . .