Florida Contract Basics
A valid Florida contract generally needs offer, acceptance, and consideration. Florida's statute of frauds (§ 725.01) makes certain agreements unenforceable unless in writing and signed — including a promise to answer for another's debt, an agreement in consideration of marriage, the sale of land or an interest in land, a lease of land for more than one year, and any agreement that can't be performed within one year.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Have a Florida attorney review important agreements.
A contract doesn’t have to be long or full of legalese to be binding — but it does need a few essential ingredients.
The essential elements
A valid contract generally needs:
- Offer — one party proposes terms.
- Acceptance — the other party agrees to them.
- Consideration — each side gives something of value.
When a contract must be in writing
Many valid contracts can be oral. But Florida’s statute of frauds (§ 725.01) makes certain agreements unenforceable unless in writing and signed, including:
- A promise to answer for another’s debt.
- An agreement made in consideration of marriage.
- A contract for the sale of land or any interest in land.
- A lease of land for more than one year.
- Any agreement that can’t be performed within one year.
That’s a practical reason to get important deals in writing.
Next steps
When a contract is broken, see business disputes for remedies and deadlines. For the full overview, visit the Florida business law hub. For help drafting or reviewing an agreement, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What makes a contract valid in Florida?
- A valid contract generally needs offer, acceptance, and consideration — each side giving something of value.
- When does a Florida contract have to be in writing?
- Florida's statute of frauds (§ 725.01) requires a signed writing for certain agreements, including a promise to answer for another's debt, an agreement made in consideration of marriage, the sale of land or any interest in land, a lease of land for more than one year, and any agreement that can't be performed within one year.
- Is an oral contract enforceable in Florida?
- Often yes, unless it falls into a statute-of-frauds category (§ 725.01) that must be in writing and signed. Oral agreements are also harder to prove.
Sources
Related guides
- Choosing a Business Entity in Florida Florida businesses commonly operate as sole proprietorships, partnerships, LLCs (Florida Revised LLC Act, ch. 605), or corporations (Florida Business Corporation Act, ch. 607). LLCs and corporations are formed by filing with the Division of Corporations and generally shield owners' personal assets; sole proprietors and general partners do not get that shield. Florida has no state personal income tax.
- Florida Business Disputes & Breach of Contract When a contract is breached in Florida, typical remedies are money damages and — where damages are inadequate — specific performance. The deadline to sue (§ 95.11) is 5 years for a contract founded on a written instrument and 4 years for an oral or unwritten contract.
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