Yes, you can sue for breach of a verbal contract. While written contracts are often more enforceable due to their clear terms, verbal agreements are still valid and legally binding in most cases. However, there are specific conditions that must be met for a verbal contract to be enforceable, and proving its existence can sometimes be challenging.
Key Elements of a Verbal Contract
For a verbal contract to be valid, it must meet the same basic requirements as a written one. These include:
- Offer: One party must make a clear offer to another party.
- Acceptance: The other party must accept the terms of the offer.
- Consideration: There must be something of value exchanged, such as goods, services, or money.
- Mutual Intent: Both parties must intend to create a legally binding agreement.
Proving a Verbal Contract
The main challenge with verbal contracts is proving their existence and terms in the event of a dispute. Unlike written contracts, which can easily be shown in court, verbal agreements rely on the testimony of the parties involved and any other supporting evidence. This could include:
- Witnesses who heard the conversation.
- Emails or text messages that reference the verbal agreement.
- Performance of the contract terms (e.g., a party has already begun fulfilling their obligations).
Breach of Verbal Contract in Florida Law
In Florida, verbal contracts are enforceable under state law. However, there are exceptions. For example, according to Florida’s Statute of Frauds (Section 725.01), certain contracts must be in writing to be enforceable, including:
- Contracts for the sale of real estate.
- Contracts that cannot be completed within one year.
- Agreements to pay someone else’s debt.
If your verbal agreement falls outside of these exceptions, you can pursue legal action for breach of contract.
Legal Remedies for Breach of Verbal Contract
If a verbal contract is breached, the injured party may seek legal remedies, including:
- Compensatory Damages: To cover actual losses caused by the breach.
- Consequential Damages: For indirect losses that were foreseeable when the contract was made.
- Specific Performance: A court order requiring the breaching party to fulfill the terms of the contract.
How to Proceed if Your Verbal Contract is Breached
If you believe a verbal contract has been breached, you should first try to resolve the issue through negotiation or mediation. If that doesn’t work, consulting with an attorney who specializes in contract law is your next step. An experienced business litigation attorney from BridgeTrust can help you gather the necessary evidence, evaluate the enforceability of your verbal contract, and determine the best course of action to pursue a claim.