eLaws of Florida

  SECTION 679.320. Buyer of goods.  


Latest version.
  • 1(1) 2Except as otherwise provided in subsection (5), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence.
    55(2) 56Except as otherwise provided in subsection (5), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
    98(a) 99Without knowledge of the security interest;
    105(b) 106For value;
    108(c) 109Primarily for the buyer’s personal, family, or household purposes; and
    119(d) 120Before the filing of a financing statement covering the goods.
    130(3) 131To the extent that it affects the priority of a security interest over a buyer of goods under subsection (2), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by s. 172679.3161(1) 173and (2).
    175(4) 176A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
    207(5) 208Subsections (1) and (2) do not affect a security interest in goods in the possession of the secured party under s. 229679.3131230.
History.-s. 3, ch. 2001-198.

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