Contracts are the foundation of most legal and business relationships. Whether you’re hiring a contractor, buying property, or forming a business partnership, understanding what makes a contract legally enforceable in Florida is essential.

What is a contract?

In its simplest form, a valid contract must include three key elements:

1. Offer – one party proposes a specific arrangement.
2. Acceptance – the other party agrees to the proposed terms.
3. Consideration – something of value is exchanged, such as money, services, or property.

While contracts can be verbal or written, Florida law favors written agreements because they help avoid misunderstandings and provide clear evidence in case of a dispute. Certain contracts—like those involving real estate, marriage, or surety—must be in writing under Florida’s Statute of Frauds to be enforceable.

If your agreement lacks any of these essential components or involves fraud, duress, or misrepresentation, it could be deemed unenforceable in court.

Tip: Always have an experienced Florida contract attorney review your agreement before signing. A simple review today can prevent costly legal battles tomorrow.

Common Reasons a Contract May Be Unenforceable in Florida

Even well-intentioned agreements can fall apart if they don’t meet legal standards. In Florida, several issues can render a contract void or unenforceable:

• Lack of Capacity: If a person signing the contract is a minor, under the influence, or mentally incompetent (such as suffering from dementia), the contract may be invalid.
• Duress or Undue Influence: A contract must be entered into voluntarily. If someone was pressured, threatened, or manipulated into signing, it can be challenged.
• Fraud or Misrepresentation: If one party lies or withholds key information, the contract may be voided.
• Illegality: Any agreement that involves illegal acts or violates public policy (e.g., a contract to sell illegal goods) cannot be enforced.
• Mistake: If both parties are mistaken about a fundamental fact—such as the existence or condition of the subject matter—the contract may not stand.

Every case is unique, so the facts and circumstances matter greatly. If you’re unsure about your contract’s validity, consult a Florida contract lawyer to evaluate your situation and protect your interests.

Remedies for a Breach of Contract in Florida

When one party fails to uphold their end of a contract, the other has the right to pursue legal remedies. In Florida, the main types of remedies include:

1. Compensatory Damages: Financial compensation for direct losses caused by the breach.
   • Example: You completed a project, but the client refuses to pay. You may recover the unpaid balance.
2. Consequential (Special) Damages: Compensation for indirect losses that the breaching party could have reasonably foreseen.
3. Specific Performance: A court order requiring the breaching party to fulfill their contractual obligations—often used in real estate contracts, where property is considered unique.
4. Rescission: Canceling the contract and returning both parties to their pre-agreement positions.
5. Restitution: Reimbursing one party for any benefits given under a contract that was later canceled.

If your contract has been breached, acting quickly is key. In Florida, the statute of limitations to file a lawsuit is five years for written contracts and four years for oral contracts.

Need help determining the best course of action? Contact Fredrickson Law Firm for a personalized case review and protect your rights under Florida law.

Why Every Florida Business Needs Professional Contract Review

Running a business in Florida means dealing with countless contracts—from leases and vendor agreements to employment and partnership contracts. While templates and online tools are tempting, one wrong clause can cost you thousands.

A contract review by a skilled attorney ensures that your agreements:

• Protect your financial and legal interests.
• Include fair and mutual attorney’s fees provisions.
• Avoid one-sided terms that could harm your business.
• Comply with Florida and federal law.

At Fredrickson Law Firm, we go beyond simple editing. We analyze your goals, identify potential liabilities, and negotiate stronger terms so your business relationships are built on a foundation of clarity and protection.

Whether you’re drafting, reviewing, or amending a contract, our legal insight ensures your business moves forward with confidence and peace of mind.

Avoiding Contract Disputes – Smart Tips for Florida Residents and Businesses

Contract disputes can be stressful, expensive, and time-consuming. Fortunately, many can be avoided with proactive planning and legal guidance.

Here are a few simple ways to prevent future conflicts:

• Put everything in writing. Even if Florida allows oral contracts, written agreements eliminate doubt.
• Define all terms clearly. Avoid vague language about timelines, payment schedules, and responsibilities.
• Include dispute resolution clauses. Mediation or arbitration can resolve disagreements without going to court.
• Regularly review and update contracts. Laws and business needs change—your contracts should too.
• Work with a Florida contract attorney. A quick review before signing can save you from years of litigation later.

Whether you’re entering into a business partnership, real estate deal, or personal agreement, taking these steps ensures everyone understands their obligations and expectations.