If you sell or provide services for another in exchange for legal tender, you should always have a contract. Far too often, individuals find themselves in a situation where they have sold an item or provided a service and are left without payment. While you may have some recourse against an individual who fails to pay for your services/goods pursuant to a verbal contract, the process to recover payment is significantly more challenging without a written agreement than with a written agreement. This is because a signed contract eliminates any doubt as to the terms of the deal. Without a written contract, an individual might suggest that a price was never negotiated, the services were done as a favor, or that they never requested the benefit conferred upon them in the first place. A well written contract outlines the obligations of the parties and makes it easy for an injured party to recover their losses in the event of a breach of a contract.
Additionally, Florida law requires that some contracts be in writing to be enforceable. Examples of this requirement include the transfer of real property, services which cannot completed within a year, and the sale of goods for $500.00 or more. If one of these types of contracts is breached and there was only a verbal agreement, the legal proceedings to overcome the writing requirement are challenging and time consuming.
Having a contract for even the simplest of transactions provides both parties with a greater amount of protection. Having a skilled attorney draft or review a proposed contract can save you a significant amount of time and money. If you have any questions relating to contracts, or need assistance drafting one for your next business venture, please contact us today and speak to one of our experienced contract attorneys.
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