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Verbal contracts are recognized in Florida but, the problem with them is the proof of their existence. They canbe proven by the actions of both parties (or by witnesses who overheard the contract being made). However, like any contract, they must have at least ALL three of these elements:

1) An offer,

(2) an acceptance of the offer,

(3) and lawful consideration (something of value - like money) passing from one party to the other.

Without the presence of ALL THREE of the above elements, you only have, what the law calls, a "mere recital" of each of your intents. (i.e.: both of you were working out the terms and conditions of a contract, but hadn't yet agreed on anything concrete).

Even if you have any e-mails (which must be preserved complete with your e-mail address and message headers), that appear that you were in negotiation for a contract and which even included a cost and an expectation of payment - without the payment actually changing hands, there is no contract.

Verbal contracts are a convenient and commonly used form of agreement between two parties trying to 'reach terms.' However, the main problem with a verbal contract is that if any problems arise, and there were no witnesses to the agreement, the matter is reduced to one party's word against the others. Even if verbal contract law is followed, a verbal contract is often easily contested.

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15y ago

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