Uniform Commercial Code Sales Goods Information
UCC Articles relevant to Florida practice: Article 2 (Sales of Goods: governs the sale of movable, tangible goods), Article 2A (Leases: governs leases of goods), Article 3 (Negotiable Instruments: checks, promissory notes, and drafts), Article 4 (Bank Deposits and Collections), Article 5 (Letters of Credit), Article 7 (Warehouse Receipts and Bills of Lading), Article 8 (Investment Securities), and Article 9 (Secured Transactions: security interests in personal property). Key Article 2 concepts: the statute of frauds (contracts for goods over $500 must be in writing), warranties (express and implied warranties of merchantability and fitness), the battle of the forms (conflicting terms in the offer and acceptance), and remedies (the buyer's and seller's remedies for breach).
Florida Legal Definition
The UCC in Florida is codified at Florida Statutes Chapters 671-680. Under §672.201 (Article 2): contracts for the sale of goods over $500 must be in writing. Under §672.314: the implied warranty of merchantability is included in every merchant sale. Under §672.315: the implied warranty of fitness for particular purpose applies when the seller knows the buyer's specific needs. Under §679.1031 (Article 9): security interests in personal property are created and perfected under Article 9. Under Florida practice: the UCC governs: most commercial transactions involving goods, negotiable instruments, and secured interests in personal property.
How It's Used in Practice
Attorneys manage UCC issues. The attorney: applies the UCC to commercial transactions involving goods, negotiable instruments, and secured transactions, drafts UCC-compliant contracts (including: warranties, disclaimers, limitation of liability, and dispute resolution), files and perfects security interests under Article 9 (filing financing statements with the Secretary of State), manages UCC disputes (warranty claims, delivery disputes, and payment issues), and advises on the interplay between the UCC and other Florida law. The attorney advises: the UCC is the primary governing law for: sales of goods, negotiable instruments, and secured transactions; attorneys must understand the UCC's specific rules which differ from common law contract principles.
Key Takeaways
- UCC: comprehensive law governing commercial transactions.
- FL UCC: Chapters 671-680.
- Article 2: sales of goods ($500+ must be in writing).
- Article 9: secured transactions (financing statements).
- UCC rules differ from common law contract principles.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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