Are Verbal Agreements Enforceable in Florida?
The short answer is: sometimes. Under Florida law, a verbal agreement (also called an oral contract) can be legally binding, but only if certain conditions are met. Just because there’s no paper trail doesn’t mean there’s no deal — but proving and enforcing it can be much harder.
What Makes a Verbal Agreement Valid?
Florida recognizes oral contracts as enforceable if they meet these basic criteria:
- Offer and acceptance — there must be a clear agreement
- Mutual understanding — both parties intend to be bound
- Consideration — something of value is exchanged
- Legal purpose — the agreement must be lawful
- Capacity — both parties must be competent
So yes, if you agreed to pay someone to clean your office weekly and you started paying, that verbal agreement could be binding.
When a Verbal Agreement Fails
Even if a verbal agreement checks all the boxes above, it may not be enforceable if:
- It falls under the Statute of Frauds (requires written agreement), such as:
- Real estate transactions
- Agreements that can’t be completed within 1 year
- Sale of goods over $500
- There is no evidence of performance or mutual intent
- There are conflicting versions of the terms
How Can You Prove a Verbal Agreement?
If there’s no written contract, courts will look at:
- Emails, texts, or voicemails referencing the deal
- Witnesses or third-party confirmation
- Proof of payment or performance
In short, the more supporting evidence, the stronger your case.
Should You Rely on Verbal Agreements?
You shouldn’t. Even if enforceable, they often lead to disputes, misunderstandings, and legal expense. Putting agreements in writing — even a simple one-page contract — can protect both parties.
Need Help with a Verbal Contract Dispute?
If you entered into a deal that was never put in writing and now things have gone sideways, we can help.
📞 Contact Lipinski Civil Law today for a consultation.