A Commercial Litigation Attorney With More Than 1,000 Successfully Resolved Disputes

Attorney Michael A. France

Contracts drive nearly every Florida business relationship. When parties seal deals over the phone or through a quick text thread, many business owners are not sure where they stand legally.

What makes a verbal or text-based agreement enforceable

Florida courts generally recognize oral contracts as enforceable when they contain three core elements. First, one party must make a clear offer. Second, the other party must accept that offer. Third, both sides must exchange something of value, which the law calls consideration.

Text messages can satisfy the writing requirement under Florida law. Courts generally treat electronic communications including texts and emails as valid written records if they capture the essential terms of a deal.

When Florida law requires a written contract

Florida Statute § 725.01 lists agreements that must be in writing to be enforceable. Verbal promises in these categories may be void even if both parties agree to the terms.

Agreements covered by the Statute of Frauds include:

  • Real estate sales or leases over one year: The law requires any transfer of real property to be documented in writing.
  • Agreements lasting beyond one year: Florida law requires a written record for contracts that parties cannot complete within one year from the date they make them.
  • Debt guarantees: The law requires a person who promises to pay someone else’s debt to put that promise in writing.
  • Goods valued at $500 or more: The Uniform Commercial Code requires a written agreement for sales of goods at or above this threshold.

If your deal falls into one of these categories, a handshake or text exchange may not protect you.

How courts evaluate verbal and text-based disputes

Proving a verbal agreement in court depends heavily on the evidence available. Florida courts look at several types of proof:

  • Witness testimony: Third parties who heard the agreement can confirm what was said.
  • Partial performance: Delivering goods or making a partial payment suggests both sides recognized a deal.
  • Follow-up messages: Texts or emails sent after a verbal agreement can confirm its terms.

One follow-up message referencing a spoken deal may carry significant weight with a judge.

What to do if a business dispute arises

If you believe a partner or counterparty breached a verbal agreement, speaking with a business contract attorney can help you assess what evidence you have and what legal options may apply to your situation. An attorney can also help you determine whether the Statute of Frauds affects your claim before you pursue legal action.