Although it is common knowledge to some people, many are not aware of the fact that verbal contracts are, in fact, legally binding in the state of Florida. However, this is once all the proper facets are set and once it can be proven that there is a legal verbal agreement between two parties. A contract is a written agreement between two parties where a party agrees to perform a good or provide a service for monetary payment or other goods and services.
What is an oral contract, anyway? Verbal contracts are agreements that are spoken, not written, because of verbal agreement laws. So, how exactly do you prove a verbal contract to be legally binding? Are verbal agreements binding in Florida? (Answer: yes.) Read on to learn how you can prove a verbal contract in Florida.
Verbal Contract Elements
In general, with any kind of contract, there is one staple aspect that makes it valid: an offer and acceptance of the said offer in exchange for a valuable service or good. There are various elements that make a contract invalid, such as a contract involving illegal activity or if its purpose is illegal. These apply directly to verbal contracts well.
Moreover, according to the Statute of Frauds, there are several categories of contracts that will not be legally binding if issued verbally – they must be written out, or else they won’t be valid. So, you would not be able to prove a legally binding contract if any of these categories were made verbally:
- Contracts that cannot be performed in under one year
- Contracts involving real estate, including any sales or interest in real property
- Contracts in regards to home improvement, health care or credit agreements
- Contracts where one party promises to pay off the debt of another
Proving a Verbal Contract
In order to prove your verbal contract is binding in Florida, you absolutely need to take three quite important factors from verbal agreement laws into consideration. These affirm that they are legally binding and will allow you to fully prove your verbal contract in Florida:
- Course of Conduct – Both parties entering a legally-binding contract is known as a course of conduct. If one decides to try to pull out of their verbal contract, both parties will need to be aware that they already entered into their legally-binding contract.
- Testimony Witnesses – A surefire way to prove your verbal contract’s validity and proof of existence is by having a third-party watch you and the party you are entering a verbal contract with. They can also testify in court if a contractual dispute arises.
- Party Credibility – The credibility of someone witnessing an oral contract can be questioned in court, so it’s crucial they are able to prove the credibility of a party’s actions, as well as any statements an individual made.
Now that you are aware of the facts on how to prove a verbal contract in Florida, don’t wait until you are involved with one to seek professional help with going about it. The experienced attorneys at The Berman Law Group are ready to help fight for your rights and ensure that you get the representation you deserve. Call us today at (800) 883-5206 for a free, no-obligation consultation.