The Florida Statute of Frauds
1. Definition
The Statute of Frauds is a Florida law that requires certain types of agreements to be in writing to be legally enforceable.
In plain terms, if a contract falls into one of the categories covered by the Statute of Frauds and it isn’t put in writing and signed by the party being held to it, a court will not enforce the agreement. This rule is designed to prevent misunderstandings, fraud, and false claims about important deals.
2. Florida Legal Context
In Florida, the Statute of Frauds is found in Section 725.01, Florida Statutes. It requires a signed written agreement for the following types of contracts:
- Agreements for the sale of real property (land, buildings, etc.)
- Leases longer than one year
- Contracts that cannot be performed within one year
- Promises to pay the debt of another (guaranty agreements)
- Contracts for the sale of goods over $500 (governed by the Florida UCC, Fla. Stat. § 672.201)
- Prenuptial and postnuptial agreements
- Certain mortgage and loan agreements
If these agreements are not in writing and signed, they are generally unenforceable in Florida courts.
3. Real-World Application
Common Florida Statute of Frauds scenarios:
- A Miami commercial landlord signs a 5-year lease with a retail tenant. This must be in writing to be enforceable.
- A Tampa couple buys a home; the purchase contract must be in writing and signed by both buyer and seller.
- A Jacksonville business owner agrees orally to supply equipment for 18 months—this falls under the Statute of Frauds and must be in writing to be enforced.
4. Why It Matters for Business Owners
Understanding the Statute of Frauds helps you:
- Ensure important agreements are enforceable in court
- Avoid costly disputes over “he said, she said” oral promises
- Protect major transactions like real estate deals, long-term leases, and high-value sales contracts
- Strengthen your business position when negotiating and documenting agreements
Failing to comply with the Statute of Frauds can result in losing the ability to enforce the agreement entirely.
5. How Our Law Firm Can Help
We help Florida businesses and individuals:
- Identify which agreements must comply with the Statute of Frauds
- Draft and review contracts to ensure they meet writing and signature requirements
- Incorporate all essential terms to avoid later disputes
- Enforce written agreements in court
- Defend against claims based on unenforceable oral agreements
Our goal is to ensure your important deals are properly documented, enforceable, and strategically advantageous.
6. FAQs (Frequently Asked Questions)
Q: If the Statute of Frauds requires a contract to be in writing, does an email count?
A: Yes, in many cases, an electronic record or email can satisfy the writing requirement if it clearly contains the agreement terms and is authenticated.
Q: Are text messages enough to satisfy the Statute of Frauds?
A: Possibly, but it’s risky. Courts may enforce them if they include all essential terms and proof of agreement, but formal contracts are safer.
Q: Can partial performance make an oral contract enforceable?
A: In certain cases, yes. For example, if one party has partially performed a real estate contract, a court may enforce it despite being oral.
Q: Who must sign the contract under the Statute of Frauds?
A: At a minimum, the party against whom enforcement is sought must sign it.
Q: Does the Statute of Frauds apply to handshake deals?
A: Yes—if the deal falls into one of the covered categories, it must be in writing to be enforceable.
7. How to Retain Our Law Firm
We offer multiple access points tailored to your needs:
- Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
- 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
- 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
- Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)
8. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program
Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.
BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.
At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.
What you get with BELAW:
- On demand strategic legal consultations with Attorney Gil Sanchez
- Document review and compliance audits
- Guidance on contracts, leasing, employment, and liability
- Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
- Proactive legal support to mitigate lawsuits and reduce risk exposure
- Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
- Entrepreneur coaching and a growing library of business education resources
- Litigation retainer and hourly rate discounts
We’re available when you need us—on demand, without hourly billing.
We make it easy to get started:
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- Or fill out the secure contact form below
A member of our team will respond promptly to schedule your consultation.
9. How to Contact Our Law Firm to Retain
We make it easy for you to retain us:
- Call or text: (813) 254-1777
- Email: info@blackrocklaw.com
- Or submit your request using the form below
Our team will promptly follow up to confirm availability and next steps.
10. Who You Are Hiring
When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.
A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.
Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.
He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.
Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.
At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.
11. The Law Firm’s Geographical Reach
We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.
Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.
From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.
12. Disclaimer
The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.