Florida recognizes many (but not all) verbal contracts. For a contract to be valid in Florida, it must contain the following elements:

  • Both parties need to be of sound mind and have the capacity to agree to a contract. A minor cannot enter into a contract.
  • The contract must be for a transaction that is legal in the state of Florida and is possible to perform.
  • Both parties must provide consideration, which is the legal term for describing what is being exchanged in the contract. For example, if you have a contract to purchase a table for $100, the consideration for the purchaser is the money and the consideration for the vendor is the table.
  • Both parties need to agree to the contract.

If these conditions are met, the contract, whether verbal or written, meets the minimum threshold to be a valid, enforceable contract. On top of this, Florida has some additional laws about the types of contract transactions that are only legally valid in writing. These include:

  • All property transactions, including both property purchase and rental agreements
  • Transactions that are valued at more than $500
  • Transactions that will take more than one year to complete
  • Transactions involving paying off one of the party’s debts or guaranteeing a debt
  • Transactions involving the sale of stocks and/or bonds

If a verbal contract contains the aforementioned elements of a contract and it is not for one of the transactions that are only valid in writing, technically it is valid. From a logistical and practical point of view, it will be extremely difficult to enforce, though. To try to enforce a verbal contract, you will need a significant amount of evidence that the contract exists and that both parties agreed to it.

This evidence could include emails, receipts, or text messages that allude to the agreement. You could also call in witnesses if anyone saw when you and the other party agreed to the contract. Because of the difficulty in proving that the contract even existed (let alone both parties agreeing to it), most verbal contracts are not actually enforceable in court.

If you are engaging in a transaction and want legal protection to ensure that the transaction is completed according to your wishes, your best bet is to use a written contract. Rader Law Group can create a legally-valid and enforceable written contract that protects your interests and provides you with the opportunity to take the other party to court for damages if they don’t fulfill their end of the agreement. Contact us today to learn how we can help you protect your business.

Rader Law Group, LLC

With decades and decades combined experience, the attorneys at Rader Law Group understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.

We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.