§ 672.702, Fla. Stat. · Part VII. REMEDIES
Seller’s remedies on discovery of buyer’s insolvency.
Text — 2026 Florida Statutes
(1) Where the seller discovers the buyer to be insolvent the seller may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this chapter (s. 672.705).
(2) Where the seller discovers that the buyer has received goods on credit while insolvent the seller may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within 3 months before delivery the 10-day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer’s fraudulent or innocent misrepresentation of solvency or of intent to pay.
(3) The seller’s right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this chapter (s. 672.403). Successful reclamation of goods excludes all other remedies with respect to them.
Notes and commentary — not statutory text
History
s. 1, ch. 65-254; s. 4, ch. 79-398; s. 601, ch. 97-102.
Note
Note.—s. 2-702, U.C.C.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0672/0672.html
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- sha256 877c742ee5058f46de9646a8ef91233c3046067883f48431c42a971046411ba1
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