§ 680.305, Fla. Stat. · Part III. EFFECT OF LEASE CONTRACT
Sale or sublease of goods by lessee.
Text — 2026 Florida Statutes
(1) Subject to the provisions of s. 680.303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer and, except as provided in subsection (2) and s. 680.511(4), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease, the lessee has that power even though:
(a) The lessor was deceived as to the identity of the lessee;
(b) The delivery was in exchange for a check which is later dishonored; or
(c) The delivery was procured through fraud punishable as larcenous under the criminal law.
(2) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor’s and lessee’s rights to the goods and takes free of the existing lease contract.
(3) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate-of-title statute.
Notes and commentary — not statutory text
History
s. 1, ch. 90-278.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0680/0680.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
Cited by 4 provisions
Provisions in this library whose text cites § 680.305, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 677.209, Fla. Stat.Lien of warehouse.Printed as s. 680.305(2)
- § 677.503, Fla. Stat.Document of title to goods defeated in certain cases.Printed as s. 680.305(2)
- § 680.1041, Fla. Stat.Leases subject to other statutes.Printed as ss. 680.1051, 680.304(3), and 680.305(3)
- § 680.1051, Fla. Stat.Territorial application of chapter to goods covered by certificate of title.Printed as ss. 680.304(3) and 680.305(3)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.