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Fla. Stat. § 672.716

Buyer’s right to specific performance or replevin

Applied in 1 court decision — leading case Horowitch v. Diamond Aircraft Industries, Inc. (2011)

Most recently applied in Horowitch v. Diamond Aircraft Industries, Inc. (July 2011)

History.--s. 1, ch. 65-254; s. 610, ch. 97-102; s. 15, ch. 2001-198

(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.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.