Is a Verbal Contract Binding in Florida?

July 17, 2025

Contracts are the foundation of most business and personal transactions in Florida. While written agreements are the standard, many individuals find themselves relying on spoken promises, whether during a handshake deal or a quick phone call. The question then arises whether a verbal contract holds up in court.

In many cases, the answer is yes. Verbal contracts are binding in Florida, just like written ones. However, enforceability depends on specific circumstances, including the nature of the agreement. Because these cases can be complex to prove and defend, speaking with a Florida business contract lawyer is important for dealing with a verbal agreement dispute. A Florida business contract attorney can evaluate the facts and help determine whether the contract is legally enforceable.

Read on to understand when a verbal agreement is enforceable so as to proceed with confidence.

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What Is an Oral Contract?

hand shake in agreement

An oral or verbal contract is an agreement made through spoken words rather than written documentation. In essence, it is a contract formed when two or more parties express their intent to enter into an agreement, agree on its terms, and commit to fulfilling those terms, all through verbal communication.

Verbal contracts can be made in person, over the phone, or through any spoken conversation where mutual assent is established. Even without a written document, verbal contracts can be as valid as written ones in Florida if they meet the required legal requirements.

The Statute of Frauds in Florida

While many oral contracts are legally enforceable in Florida, the Statute of Frauds creates an important exception. This legal doctrine requires that some types of contracts be in writing to remain enforceable in court. The focus of the statute is to prevent fraudulent claims and misunderstandings in high-risk or high-value agreements where verbal terms might be disputed.

Florida’s Statute of Frauds is outlined in Florida Statutes § 725.01 and applies to specific categories of agreements considered too significant or complex to rely solely on spoken promises.

Here are the types of agreements that fall under the Statute of Frauds in Florida and, therefore, must be memorialized in writing and signed by the party to be charged:

Contracts for the Sale of Land or Real Estate: Any agreement involving the transfer of real property, including sales, leases longer than one year, or easements, must be in writing. Oral promises to buy or sell land are not enforceable in court.

Agreements That Cannot Be Performed Within One Year: If the terms of the contract make it impossible for the agreement to be entirely performed within one year, it must be in writing. It includes multi-year service contracts or long-term employment agreements.

Promises to Pay Another Person’s Debt (Surety Agreements): If one person promises to pay the debt or obligation of another, such as a co-signer or guarantor, that promise must be in writing. This is to ensure clarity in situations involving third-party liability.

Contracts Made in Consideration of Marriage: Marriage agreements, such as prenuptial and postnuptial agreements, must be in writing to be valid. It includes promises to transfer assets or property contingent on marriage.

Sale of Goods Over $500 Agreements: Under the Uniform Commercial Code (UCC), which Florida follows, any agreement for the sale of goods worth $500 or more must be in writing. There are limited exceptions, such as when goods have already been delivered and accepted.

Credit Agreements with Financial Institutions: Florida law requires that certain credit-related agreements, such as loan modifications or credit extensions involving a bank or credit union, must be in writing and signed by both parties.

If an agreement satisfies the demands of the Statute of Frauds and is not put in writing, a court will generally refuse to enforce it, even if both parties acknowledge the oral arrangement. In disputes involving such contracts, the lack of a written document can result in the loss of legal remedies or recovery. However, verbal contracts are legally enforceable for other types of agreements as long as they satisfy the basic requirements of contract law.

Basic Requirements for a Verbal Contract in Florida

discussing with a lawyer

Verbal contracts are legally enforceable in Florida when they meet the same foundational criteria as written agreements. Each element is vital in that it has its role in ensuring that both parties are entering the agreement voluntarily, with a complete understanding of their obligations. While the informal nature of a verbal contract can create challenges during enforcement, courts will uphold these agreements when the essential legal elements are present and provable. Below is a comprehensive explanation of each requirement.

Offer

An offer is the initial expression of willingness by one party to enter into a contract on specific terms. It must be definite and communicated clearly, leaving no question about what is being proposed. Casual conversations, vague language, or open-ended statements are generally not treated as enforceable offers. It must convey a serious intent to create a legal obligation if accepted to qualify as a valid offer.

For example, a homeowner says to a contractor, “I will pay you $1,000 to repair my roof by Friday.” This offer is clear with specific terms—payment, task, and deadline.

Acceptance

Acceptance means agreeing completely to the terms of the offer. It must match the offer exactly, and this is known as the “mirror image rule.” If a party accepts the offer but tries to change any terms, that response is considered a counteroffer, not acceptance.

In verbal contracts, acceptance can be communicated verbally or implied through action, but it must be clear and intentional. Note that silence is not considered acceptance unless prior dealings between the parties make it reasonable to assume otherwise.

Consideration

Consideration is the value that each party brings to the agreement. It can be money, goods, services, or a promise to perform (or not perform) a certain action. Both parties must provide consideration; otherwise, the contract lacks mutual obligation and may not be enforceable. A promise to give a gift without anything in return generally does not meet the legal standard for consideration.

Example:

A client pays $500 for a graphic designer to create a company logo. The money is consideration from the client; the service is consideration from the designer.

There is no enforceable contract without consideration, such as in the case of a one-sided promise or a gift.

Mutual Assent (Meeting of the Minds)

Mutual assent refers to the shared understanding and agreement on the critical terms of the contract. Both parties must have the same interpretation of the contract, including what is being exchanged, how and when it will be performed, and any conditions or limitations.

If one party had a different understanding of a key term, the court may find that no valid agreement was reached. For example, if one party agrees to lease a property, thinking the term is six months, and the other believes it’s a year, there is no true meeting of the minds. The clearer and more specific the verbal agreement, the easier it is to demonstrate mutual assent.

Legal Purpose

The subject of the contract must be lawful for the agreement to be enforceable. Contracts made for illegal activities, such as selling illicit substances or engaging in fraud, are automatically void. Even if both parties willingly agree to the terms, courts will not enforce a contract that violates public policy or criminal law. A lawful objective is a non-negotiable requirement in both oral and written contracts.

Capacity to Contract

Each party must have the legal capacity to enter into a binding agreement. In Florida, this generally means being at least 18 years old and of sound mental condition. Contracts made by individuals who are intoxicated, mentally impaired, or under undue pressure may be voidable or entirely unenforceable. Courts also allow minors to void most contracts unless the agreement involves necessities such as food, housing, or medical care.

How to Prove a Verbal Contract in Court

proving validity of verbal contract

Although Florida law recognizes verbal contracts as legally enforceable, proving such agreements’ existence and specific terms can be difficult. This is especially true when the other party denies the deal or disputes key details. Unlike written contracts, which speak for themselves, verbal agreements depend largely on circumstantial evidence and the credibility of the parties involved. To succeed in court, you must present compelling proof that a valid contract was formed, that you fulfilled your obligations, and that the other party failed to do so.

Here are the primary ways a verbal contract may be proven in court:

Witness Testimony

One of the most persuasive forms of evidence in a verbal contract case is the testimony of third-party witnesses present when the agreement was made. These individuals can verify what was said, how the parties responded, and whether there was a clear exchange of promises.

Witnesses don’t need to be legal professionals; friends, employees, vendors, or others who heard the conversation may qualify. While not as definitive as a written agreement, credible witness accounts can significantly strengthen your position in court.

Performance or Partial Performance

If one party has already acted in accordance with the contract—such as delivering goods, completing services, or making payments—this conduct can serve as strong evidence that a verbal agreement existed. Courts often view partial performance as a confirmation that both sides understood and accepted the terms. For example, if you verbally agreed to pay a subcontractor for materials and they delivered them as requested, that delivery may be treated as evidence that a contract was in place. Performance tends to carry more weight when consistent, measurable, and tied to the alleged agreement.

Communications Between the Parties

Follow-up messages sent after the verbal agreement, such as emails, text messages, or voicemail recordings, can be valuable in confirming the existence and details of the contract. Even casual communications like “Thanks for agreeing to get this done by Friday” or “I’ll send the payment by the weekend as promised” may help establish that a deal was made. Though not a substitute for a formal contract, these types of documentation can fill in gaps and corroborate oral discussions.

Invoices, Receipts, and Payment Records

Financial documentation can help demonstrate that an agreement was acted upon. Those records may serve as supporting evidence if payments were exchanged or services were billed according to the verbal agreement.

Courts look favorably on concrete indicators that a transaction took place, especially when dates, amounts, and descriptions align with the alleged terms of the verbal contract. Keeping detailed records, even when no written agreement exists, may significantly improve your chances of success in a contract dispute.

Conduct That Reflects the Agreement

The behavior of the parties before, during, and after the agreement is often reviewed to determine whether a contract existed. If both parties acted in a way that suggests they believed a contract was in effect, that conduct can serve as implied evidence of the deal. For example, if one party began work and the other accepted it without objection, the court may infer that an agreement was understood by both sides. Consistent behavior over time tends to support claims that a verbal agreement was valid.

Although verbal agreements can be enforced in court, disputes involving them are challenging and fact-dependent. Without clear documentation, your case may hinge on how well you can piece together evidence and argue for the contract’s validity. A Florida business contract attorney can help evaluate whether you have a legally enforceable agreement, gather admissible evidence, and build a persuasive case. If you’re currently dealing with a contract dispute or need to enforce a verbal agreement, it’s advisable to consult legal counsel before proceeding.

Seek Legal Guidance From a Florida Business Lawyer

If you’re involved in a dispute over a verbal agreement or need help enforcing your rights under an oral contract, don’t try to handle it alone. Proving a verbal contract in court requires a careful legal strategy and strong supporting evidence. A Florida business contract lawyer can review your situation, determine whether the agreement is enforceable, and guide you through the appropriate steps. Contact your lawyer to schedule a consultation and protect your interests.

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