Florida is a state where contracts don’t always need to be in writing to be legally binding. As long as an offer, acceptance, and something of value are exchanged, even a handshake or spoken promise can form a valid contract. But not every agreement is that simple.
People may wonder, “Is a verbal agreement binding in Florida?”
Florida law requires written contracts for specific types of transactions, such as the sale of property or long-term agreements.
Florida’s Statute of Frauds: When a Written Contract Is Required
Florida’s Statute of Frauds, found in Fla. Stat. § 725.01, outlines the types of agreements that must be in writing to be legally enforceable.
This law helps prevent misunderstandings in high-stakes situations by clearly documenting certain deals. If a contract falls under this statute and isn’t written and signed, it likely won’t hold up in court, even if both sides agree verbally.
Here are the main types of agreements that must be in writing in Florida:
- Real estate transactions, including sales and leases over one year
- Contracts that cannot be completed within one year
- Promises to pay someone else’s debt (suretyship)
- Sales of goods valued at more than $500 under the Uniform Commercial Code (UCC)
- Marriage-related agreements, such as prenuptial or postnuptial contracts
Understanding these categories is key. In these situations, your agreement may not be enforceable under Florida law without a written contract.
When an Oral Agreement Is Legally Binding in Florida
Not every deal needs paperwork to be valid. In Florida, oral contracts are enforceable for agreements that don’t fall under the Statute of Fraud.
Simple transactions—like hiring a painter for a day or agreeing to sell old furniture—often rely on spoken terms. But proving these deals in court can be tough. Without written proof, it becomes a “he said, she said” situation.
Courts may dismiss cases based only on hearsay or shaky memories. Even implied contracts—like paying a neighbor to help move a couch—can hold up, but only if both parties clearly understand the terms.
Risks of Relying on Oral Agreements vs. Written Contracts
Oral contracts come with hidden dangers. Without clear terms, enforcing them becomes a battle of credibility. Disputes often arise when each party remembers the deal differently.
Memory fades, and verbal promises are easily denied. Even honest misunderstandings can lead to costly legal fights. A written contract removes this guesswork by locking in details like payment, deadlines, and responsibilities.
While handshake deals feel simpler, they leave too much room for error. For anything beyond minor, one-time services, putting it in writing is the most innovative way to protect yourself.
Best Practices for Contracts in Florida
While we’ve seen that some agreements don’t require a written contract in Florida, using a written contract is almost always the smarter choice. Putting it in writing provides invaluable clarity, even for simple deals not covered by the Statute of Frauds.
Written agreements clarify terms, reducing the likelihood of misunderstandings or overlooked details. This clarity makes the contract much easier to enforce if a dispute arises.