(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.
(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort she or he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
History.—s. 1, ch. 65-254; s. 610, ch. 97-102; s. 15, ch. 2001-198.
Note.—s. 2-716, 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.