(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price:
(a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and
(b) Of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.
(2) Where the seller sues for the price she or he must hold for the buyer any goods which have been identified to the contract and are still in her or his control except that if resale becomes possible the seller may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles her or him to any goods not resold.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (s. 672.610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
History.—s. 1, ch. 65-254; s. 606, ch. 97-102.
Note.—s. 2-709, U.C.C.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 672 - Uniform Commercial Code: Sales
Part VII - Remedies (Ss. 672.701-672.724)
672.701 - Remedies for breach of collateral contracts not impaired.
672.702 - Seller’s remedies on discovery of buyer’s insolvency.
672.703 - Seller’s remedies in general.
672.705 - Seller’s stoppage of delivery in transit or otherwise.
672.706 - Seller’s resale including contract for resale.
672.707 - “Person in the position of a seller.”
672.708 - Seller’s damages for nonacceptance or repudiation.
672.709 - Action for the price.
672.710 - Seller’s incidental damages.
672.711 - Buyer’s remedies in general; buyer’s security interest in rejected goods.
672.712 - “Cover”; buyer’s procurement of substitute goods.
672.713 - Buyer’s damages for nondelivery or repudiation.
672.714 - Buyer’s damages for breach in regard to accepted goods.
672.715 - Buyer’s incidental and consequential damages.
672.716 - Buyer’s right to specific performance or replevin.
672.717 - Deduction of damages from the price.
672.718 - Liquidation or limitation of damages; deposits.
672.719 - Contractual modification or limitation of remedy.
672.720 - Effect of “cancellation” or “rescission” on claims for antecedent breach.
672.722 - Who can sue third parties for injury to goods.