Is a Verbal Agreement to Buy Real Estate Enforceable in Florida?

Is a Verbal Agreement to Buy Real Estate Enforceable in Florida?

Real estate can come to us in many ways — we buy it, we inherit it, we even trade for it — and sometimes we catch wind of a good opportunity, start a conversation and think we have a deal. But unless that deal is memorialized in writing, at least in Florida, there is no deal.

A written agreement is essential to purchasing real estate in Florida. If you do not have your agreement in writing, you have no rights to enforce against the seller. In 2013, the Florida Supreme Court ruled that any verbal promise regarding a real estate contract is not enforceable unless it is in writing and signed by both parties. This includes not only the primary contract, but any modifications to that contract as well.

If you are negotiating a real estate contract, you need to be sure that you or your agent puts offers and counteroffers in writing. In the heat of the back-and-forth of negotiating, it is not uncommon for one party to agree to something verbally without committing it to writing. If something goes wrong with the deal, your contention that you had a verbal agreement will not fly in a Florida court.

The reason why verbal agreements are no longer sufficient in Florida — and they used to be — is that a verbal agreement does not contain the essential elements of a contract like terms, price, remedy for default, etc. It becomes a matter of he said/she said, making resolution in a court of law practically impossible.

In most states, an electronic signature will suffice if you are not physically present to sign a contract. You can also designate someone via a Power of Attorney to sign on your behalf.

If you are planning to purchase real estate in Florida, you should really consider getting some help from a Florida real estate attorney, who can ensure that any agreement between you and a seller is in writing, has definite terms and will hold up in court. It’s the best way to protect yourself and your investment.

The attorneys at Jurado & Farshchian, P.L. combine their knowledge and experience in the South Florida real estate market with a commitment to personalized, detail-oriented legal services. Contact one of our experienced Florida real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

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