Is a verbal contract enforceable in Florida? Not all agreements have to be in writing to be enforceable, but having a written contract is best. For a verbal contract to be enforceable, you must be able to prove an offer was made and accepted. The offer must be for an exchange of value through goods, services, or money. For an explanation on the two types of Florida contracts, read our article.
While certain verbal agreements are enforceable, it is always best to have a written contract in place. Written contracts make agreements easier to enforce and can help avoid litigation during disputes between parties.
According to Florida law, there are special circumstances in which a verbal agreement cannot be enforced. The Statute of Frauds declares that certain types of agreements are not enforceable without a written contract. This statute states that the agreement must be in writing and signed by the party to be charged before it can be enforced.
Some examples of special circumstances where the Statute of Frauds requires a written contract are:
- Contracts for the sale of lands
- Agreements that are not to be performed within 1 year from the date of the contract
- Any special promise to answer for the debt of another person
- An agreement made upon consideration of marriage
- A lease thereof for a period longer than 1 year
- A newspaper subscription
When in doubt, hiring an experienced attorney to create a written contract to protect your interests, is the best choice.
If you have any questions about the enforceability of a verbal agreement or contract, contact us today!