(1) In rejecting goods, a lessee’s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect:
(a) To justify rejection or to establish default if, stated seasonably, the lessor or the supplier could have cured it (s. 680.513); or
(b) To justify rejection or to establish default between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
(2) A lessee’s failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.
History.—s. 1, ch. 90-278; s. 70, ch. 2010-131.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part V - Default (Ss. 680.501-680.532)
680.502 - Notice after default.
680.503 - Modification or impairment of rights and remedies.
680.504 - Liquidation of damages.
680.506 - Statute of limitation.
680.507 - Proof of market rent; time and place.
680.509 - Lessee’s rights on improper delivery; rightful rejection.
680.51 - Installment lease contracts: rejection and default.
680.511 - Merchant lessee’s duties as to rightfully rejected goods.
680.512 - Lessee’s duties as to rightfully rejected goods.
680.513 - Cure by lessor of improper tender or delivery; replacement.
680.514 - Waiver of lessee’s objections.
680.515 - Acceptance of goods.
680.517 - Revocation of acceptance of goods.
680.518 - Cover; substitute goods.
680.52 - Lessee’s incidental and consequential damages.
680.521 - Lessee’s right to specific performance or replevin.
680.522 - Lessee’s right to goods on lessor’s insolvency.
680.524 - Lessor’s right to identify goods to lease contract.
680.525 - Lessor’s right to possession of goods.
680.526 - Lessor’s stoppage of delivery in transit or otherwise.
680.527 - Lessor’s rights to dispose of goods.
680.528 - Lessor’s damages for nonacceptance or repudiation.
680.529 - Lessor’s action for the rent.
680.53 - Lessor’s incidental damages.
680.531 - Standing to sue third parties for injury to goods.