Made a Deal on a Handshake? A Verbal Agreement Can Still Be Enforced.

Whether that applies depends on the facts of each dispute. A verbal agreement can be enforced in Florida if the parties agreed on the key terms and something of value was exchanged. The harder question is usually proof, and the filing deadline may differ from the deadline for a written contract.

This page explains how Florida courts look at spoken deals, what proof tends to matter, and how the time limits work. It is general information, not legal advice. Eduardo A. Maura is the responsible lawyer for this page. Our office is at 1646 W Snow Ave, Tampa, Florida. The firm also represents clients in Tampa, Hillsborough County, Brandon, Riverview, Plant City, and Temple Terrace.

Do Verbal Agreements Stand in Florida?

Yes. In many situations, a verbal agreement can be enforced in Florida courts the same way a written one can. The Florida Supreme Court has held that an oral contract must meet the basic rules of contract law. St. Joe Corp. v. McIver says those rules include offer, acceptance, consideration, and enough detail on the essential terms.

A spoken deal is a real contract, not just a conversation, when those pieces are there. Questions about what each side exchanged under an agreement are often central to a contract dispute. A deal can be binding and still be hard to prove. Those are two separate questions. Most verbal-contract fights are decided on the second one. Outcomes depend on the facts of each deal.

What Does a Florida Court Look for in an Oral Contract?

A court looks for an offer, an acceptance, consideration, and terms clear enough to enforce. Price, scope of work, delivery dates, and payment timing are the terms that matter most.

Some deals are made out loud. Others are shown by what the parties do. For sales of goods, a contract can be made in any manner sufficient to show agreement, including conduct by both sides that shows the deal exists.

Open terms do not always sink a deal. A sale-of-goods contract does not fail just because some terms are left open. That holds if the parties meant to make a contract and a fair remedy can be worked out. An offer can also be accepted in any reasonable way, unless the offer says otherwise. § 672.206 on offer and acceptance covers that point.

Vague talk is the real problem. A phrase like “we’ll figure out the rest later” leaves gaps. The court then looks at what the parties actually did. Common business examples include a handshake supply deal, a verbal subcontract, a promised profit share, and a verbal lease extension. Each one raises the same question: what was agreed, and how can it be shown?

When Does Florida Law Require a Writing?

Some agreements must be in writing and signed to be enforced. The main rule is Florida’s statute of frauds. § 725.01 on promises to pay says no action can be brought on an agreement that is not to be performed within one year of its making. That is true unless the agreement, or a note or memorandum of it, is in writing and signed by the party being charged or by some other person lawfully authorized to sign for her or him.

The same statute covers a contract to sell land and a lease of land longer than one year. Fla. Stat. § 725.01 reads: “unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.” Those also need a signed writing.

For sales of goods priced at $500 or more, § 672.201 on formal requirements says the contract is generally not enforceable without a signed record showing that a sale was made. There are exceptions. A contract may still be enforced if the goods are specially manufactured for the buyer, are not suitable for sale to others in the ordinary course of the seller’s business, and the seller, before notice of repudiation and under circumstances which reasonably indicate that the goods are for the buyer, has made a substantial beginning of their manufacture or commitments for their procurement. It may also be enforced if the other side admits in court that a contract was made, or if payment was made and accepted, or the goods were received and accepted. An admission limits enforcement to the quantity admitted.

Between merchants, a written confirmation can count against the person who receives it. That person must object in writing within 10 days after receiving it.

Some contracts fail no matter how they were made. Taboada v. Duarte states that a contract which violates a statute or the constitution is void and illegal. Florida courts will not enforce it.

How Hard Is It to Prove a Verbal Agreement Was Breached?

Proof is often the hardest part. The fight usually turns on two points: what was agreed, and whether the other side did what it promised.

Records that often matter include emails, text messages, invoices, purchase orders, bank transfers, change orders, and payment history. A witness who heard the terms discussed can help. So can the way the parties acted over time. Past dealings can show what each side expected.

Records made near the time of the deal carry weight. Gaps in documentation make a case harder to present, but they do not end it. A person’s own memory, on its own, is usually weaker than a record that matches it.

A common mistake is relying on a phone call and then working for months with no written follow-up. Another is sending a text that admits the terms are uncertain. Both can weaken a claim.

Pleading matters too. Williams v. Johnson states that when an express contract covers the same subject matter, claims arising from that contract will not support unjust enrichment. That affects how a verbal-deal claim is framed.

How Long Do You Have to File a Verbal Contract Claim in Florida?

Florida law sets time limits for bringing contract claims, and the applicable period should be confirmed for each matter. § 95.11 on limitations periods sets the time within which actions other than for recovery of real property must be commenced, with different periods for different types of action. Written contracts follow a different time limit under the same statute, so it helps to know which one applies early.

The clock does not always start at the handshake. Under § 95.031 on computing time, a cause of action accrues when its last element occurs. In many breach cases, that last element is the breach itself. That can come months or years after the deal was made.

Waiting while talks continue can use up time a claim needs. Missed deadlines can end a claim, so the dates should be reviewed promptly.

What Remedies and Fees Can Apply in a Verbal Contract Case?

The remedy turns on the deal and the proof. No particular outcome or dollar amount can be promised.

Attorney fees are a separate question. If the contract has a clause letting a party recover fees to enforce it, § 57.105 on attorney’s fees lets the court allow reasonable fees to the other party when that party prevails. This applies to contracts entered on or after October 1, 1988.

Fees can also run the other way. The contract’s fee terms matter, so they should be read closely.

What Should You Do Before Filing a Claim?

Start by keeping every record. Preserve texts, emails, voicemails, invoices, bank records, and notes made near the time of each conversation. Do not delete messages, even ones that seem unhelpful.

Write down the terms as you remember them. Include dates, names, amounts, and who else was present. Do this while memory is fresh, and label it as your own notes.

Read the contract for any notice requirement before you send a breach letter or stop work. Some agreements require notice and a chance to fix the problem first.

Be careful about withholding payment or stopping work on your own. Doing so can create exposure of its own. Avoid writing new statements that admit the terms are uncertain until the facts are reviewed.

Talk With Our Business Litigation Team About Your Verbal Agreement

Verbal agreement disputes turn on proof and timing, and a business litigation review starts with those facts.

Maybe a supplier stopped shipping after a phone agreement. Maybe a subcontractor was never paid the agreed amount, or a partner’s promised share never arrived. These situations raise the same questions covered above: what was agreed, what proof exists, and when the clock started.

Ayala Law PA focuses on business litigation. That includes commercial litigation and contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation. Eduardo A. Maura is the responsible lawyer for this page. Our office is at 1646 W Snow Ave, Tampa, Florida, and we represent businesses in Tampa and Hillsborough County.

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