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Orlando Breach Of Contract Lawyer

Can I Sue for Breach of Contract if I Have a Verbal Agreement?

Yes, verbal agreements are enforceable in the eyes of Florida law. While there are certain limitations and exceptions to this rule, such as the application of the Statute of Frauds requiring certain agreements to be in writing (see below), courts will in general uphold verbal contracts. However, whether a verbal contract as a matter of convenience is a good idea, is an entirely separate issue. As a general rule, because the existence and terms of verbal arrangements can be difficult or at times impossible or expensive to prove, entry into such agreements without writing should be discouraged. That said, whether you should ultimately agree to conduct business with a party refusing to move forward except in the absence of a written agreement, is a decision to be made with great care, taking into account prior dealings, usage of trade, course of performance and the Statute of Frauds of the applicable state.

You should keep in mind that while there are variations across state lines, as a general rule, the Statute of Frauds requires the following agreements to be writing in order to be enforceable:

  1. Contracts that by nature cannot be performed within one year.
  2. Contracts involving the sale of goods worth more than $500.
  3. Matters that involve land transactions and transfers, including mortgage grants and easements.
  4. Contracts involving marriage as consideration (e.g., as a condition to performance)
  5. Promises to act as someone's surety or guarantor for payment of another's debt(s), including executor's promise to pay estate debts
  6. Other requirements depending on your state. (For instance, in Florida, "No person shall be liable to pay for any newspaper, periodical or other like matter, unless the person shall subscribe for or order the same in writing." See F.S. §725.03).

While in above situations there must be some sort of a signed writing for the agreement to be enforced, such a writing does not have to be an official written contract. However, at minimum, depending on the industry, the writing should contain the key or material terms of the understanding between the parties. For instance, the price, quantity, duration, obligations and clear identification of the parties should be properly stated. Additional requirements may exist depending on individual states, which also specify precisely what the written language should embody. Ultimately, having a well-written and specifically tailored contract, which encompasses and takes into account substantial matters at issue, will provide more security and financial investment or compensation should a problem does arise.

 

Note: Above is a mere simplification and a brief overview of this issue. There are additional considerations and exceptions that could be applicable to your specific circumstances. It is therefore not intended and does not replace the advice of a licensed business litigation attorney, - who should thoroughly review your agreement for completeness, accuracy and enforceability.

 

Contact our Breach of Contract Attorney in Orlando

Please contact Orlando breach of contract attorney Jonathan K. Allen for any Breach of contract matter within the Central Florida area. Mr. Allen have helped many business owners in the past and would be honored to help you to. Call us today at (407) 205-2330 or fill out the online form provided on this page and we will contact you shortly. We value your privacy and will keep any information you provide strictly confidential.

Feel free to visit our breach of contract page for detailed information on breach of contract under Florida Law.

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