Is a Verbal Agreement Legally Binding in Florida?

Is a Verbal Agreement Legally Binding in Florida?

The short answer is yes, a verbal agreement can be legally binding in Florida if all the elements of a contract are in place and it can be proven that there is, in fact, an oral agreement binding one party to another.

Contract elements

For a contract to be valid, there must be an offer and an acceptance of that offer in exchange for consideration — i.e., money, services or goods that have value. However, even if these elements are in place, there are some circumstances where an oral or a written contract would not be enforceable, including if:

• One of the parties lacked the mental capacity to make the agreement;
• One of the parties is a minor;
• The goods or services contracted for are impossible or illegal.

In addition, there are certain contracts that are required by Florida law to be in writing, including real estate contracts or any contracts that cannot be performed within one year.

Proof of contract

Everything is easier if a contract is in writing, including enforcing the agreement in court. It can be difficult to prove the existence of a verbal agreement in court, since it is usually one party’s word against the other party. However, if you can prove that you have already performed under the terms of a verbal agreement or if there is proof of payment, this may be sufficient to prove a verbal contract exists. In addition, if there were any witnesses to the agreement or written communications referencing it, this may serve as sufficient proof.

Statue of limitations

If you want to enforce an oral contract, you will generally need to file suit within four years. However, in some circumstances, the deadline for filing suit can be as little as one year following the date the agreement was made. Your Florida business attorney can help you determine the deadline for filing suit to enforce an oral contract.

Florida business owners and entrepreneurs can avoid unnecessary risk by consulting with a qualified Florida business attorney to draft and review contracts and agreements. Contact one of the experienced Florida business attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

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