Contract Law
Florida Contract Law Attorney: Protecting Your Rights in Every Agreement
When you sign a contract in Florida, you are entering a legally binding commitment. Whether you are a business owner finalizing a commercial lease, an entrepreneur closing a deal, or an individual protecting your interests in a real estate transaction, the terms of that agreement will govern what happens if something goes wrong. A single ambiguous clause can cost you thousands of dollars or years of litigation.
At The Law Office of Ginny L. Goldman P.A., contract law is one of the firm’s three core areas of practice. Attorney Ginny L. Goldman has spent 38 years drafting, reviewing, negotiating, and litigating contracts on behalf of businesses and individuals throughout Palm Beach County and Broward County. Her virtual office model means clients receive senior-attorney attention at rates that are genuinely competitive with larger firms.
This page covers everything you need to know about working with a contract law attorney in Boca Raton — from the fundamentals of valid contracts under Florida law, to the specific types of agreements Ginny handles, to what happens when a contract is breached.
What Is a Contract Under Florida Law?
A contract is a legally enforceable agreement between two or more parties. Under Florida law, a valid contract requires three essential elements:
- Offer and acceptance: one party proposes specific terms and the other agrees to those exact same terms, achieving what courts call a 'meeting of the minds.
- Consideration: each party must give something of value. This could be money, services, property, a promise to act, or a promise to refrain from acting
- Mutual assent: both parties must genuinely and voluntarily agree, free from fraud, coercion, duress, or misrepresentation
If any of these elements is missing, a court may find that no enforceable contract exists. There are also legal defenses that can void or limit enforcement even when the basic elements are present, including:
- Illegality: contracts for illegal purposes are unenforceable
- Lack of capacity: minors and individuals who lacked mental capacity when signing may void a contract.
- Fraudulent inducement: if one party was deceived into signing, the contract may be voided.
- Unconscionability: courts may refuse to enforce contracts whose terms are shockingly one-sided.
- Mutual mistake: if both parties were wrong about a fundamental fact, the contract may be rescinded.
Understanding these principles is the foundation of effective contract representation. Attorney Goldman applies this knowledge across every engagement — whether she is drafting a new agreement, reviewing one you have received, or litigating a dispute in the courts of Palm Beach or Broward County.
Written vs. Oral Contracts in Florida
Florida law recognizes both written and oral contracts, but the practical differences are significant. Oral agreements are notoriously difficult to prove because the only evidence is typically the conflicting testimony of the parties. In a dispute, each side will have a different memory of what was promised.
The Florida Statute of Frauds (Section 725.01) requires that certain contracts be in writing to be enforceable, including contracts for the sale of real property, contracts that cannot be performed within one year, and contracts for the sale of goods valued at $500 or more.
The main reason for having a written contract is to protect your rights in a court of law. A signed written contract is the best protection a business or individual can have if a breach occurs. Without it, you are relying on the other party's word — and courts have limited ability to enforce promises that were never put on paper.
A well-drafted written contract eliminates ambiguity, sets clear expectations, and gives both parties a reliable roadmap for resolving disputes without litigation. Attorney Goldman recommends that any agreement with meaningful financial or legal consequences be documented in writing and reviewed by counsel before signing.
Types of Contracts Handled by
The Law Office of Ginny L. Goldman P.A.
Over 38 years of practice, Ginny L. Goldman has drafted, reviewed, and negotiated virtually every category of commercial and personal contract used in South Florida. The following are the primary contract types the firm handles:
Business & Commercial Contracts
Business transactions depend on clearly written agreements that protect all parties. The firm represents business clients in connection with:
- Shareholder agreements and LLC operating agreements
- Buy-sell agreements for business purchases and sales
- Partnership agreements
- Independent contractor agreements
- Agency agreements and consulting contracts
- Employment agreements and non-compete clauses
- Distribution and vendor agreements
- Loan agreements and security agreements
Ginny serves as outside general counsel to a number of local businesses in Palm Beach County, reviewing contracts as they arise and providing proactive legal guidance before problems develop.
Real Estate Contracts
Real estate transactions involve some of the highest-value contracts most people sign in their lifetime. Errors or omissions in a purchase agreement, lease, or deed can have lasting financial consequences. Attorney Goldman handles:
- Shareholder agreements and LLC operating agreements
- Residential and commercial purchase and sale agreements
- Real estate broker listing agreements
- Commercial leases and residential leases
- Construction contracts
- Deeds, mortgages, and promissory notes
- Joint ownership agreements for real property
Join Ownership Agreements
When two or more individuals or entities own property together — whether real estate or a business — a joint ownership agreement is essential. Without such an agreement, Florida law governs the rights and obligations of co-owners through default statutory rules that may not reflect what the parties actually intended.
A joint ownership agreement can address:
A joint ownership agreement can address:
- Who is responsible for ongoing expenses (mortgage, maintenance, taxes, insurance)
- What happens if one owner wants to sell and the other does not
- How the property will be valued and sold
- The right of surviving owners in the event of a co-owner's death
- Distribution of proceeds upon sale
Ginny has extensive experience preparing joint ownership agreements for real property — including complex arrangements where unmarried co-owners need to protect their respective interests. Her article on the subject, drawn from a real client case, illustrates how these agreements work in practice.
Construction Contracts
Florida construction projects are governed by a combination of contractual terms and state law provisions, including mechanics lien statutes. A poorly drafted construction contract can leave a property owner exposed to lien claims, cost overruns, and disputes over scope of work. The firm drafts and reviews construction contracts for both owners and contractors.
Breach of Contract: What Happens When an Agreement Is Violated?
A breach of contract occurs when one party fails to perform its obligations under a valid agreement without a legally recognized excuse. Breaches range from minor failures (such as a late delivery) to material breaches that go to the heart of the agreement and allow the other party to terminate and seek damages.
Different Types of Breach of Contracts
| Type of Breach | Description & Effect |
|---|---|
|
Material Breach |
A failure so significant it defeats the purpose of the contract. The non-breaching party may terminate the agreement and sue for damages. |
|
Minor Breach |
A partial failure that does not defeat the contract’s purpose. The non-breaching party may sue for damages but must still perform their obligations. |
|
Anticipatory Breach |
One party indicates in advance that they will not perform. The other party may treat the contract as terminated and seek damages immediately. |
|
Actual Breach |
A party fails to perform at the time performance is due. |
Remedies for Breach of Contract in Florida
Florida courts recognize several categories of remedies for breach of contract:
- Compensatory damages: money damages designed to put the non-breaching party in the position they would have been in if the contract had been performed.
- Consequential damages: damages for foreseeable losses that flow from the breach, if they were within the contemplation of the parties when the contract was formed.
- Specific performance: a court order requiring the breaching party to perform their contractual obligations; commonly sought in real estate transactions where money damages are inadequate.
- Rescission: cancellation of the contract and return of the parties to their original positions.
- Attorney's fees: Florida follows the American Rule, meaning each party pays their own fees unless a contract, statute, or court rule provides otherwise. Many commercial contracts include attorney's fee clauses.
Serving Contract Law Clients Throughout South Florida
The Law Office of Ginny L. Goldman P.A. represents businesses and individuals in connection with contract matters throughout Palm Beach County and Broward County, Florida, including:
- Boca Raton
- Delray Beach
- Boynton Beach
- West Palm Beach
- Fort Lauderdale
- Hollywood
- Pompano Beach
- Coral Springs
- Miami
- Davie
- Plantation
- Surrounding Counties
The firm also represents out-of-state businesses and individuals who enter into contracts with Florida parties or have contractual claims arising from Florida transactions.
Frequently Asked Questions: Contract Law in Florida
Do I need an attorney to review a contract in Florida?
Florida does not require attorney involvement in most private contracts. However, having an experienced contract attorney review any agreement before you sign is one of the most cost-effective legal investments you can make. A single unfavorable clause — a non-compete provision, an indemnification clause, or an attorney’s fee provision — can expose you to significant liability. The cost of a contract review is almost always far less than the cost of litigating a dispute later.
Is a verbal contract enforceable in Florida?
Oral contracts can be enforceable in Florida, but they are difficult to prove and subject to important exceptions. The Florida Statute of Frauds requires that contracts for the sale of real property, contracts with a term exceeding one year, and certain other agreements be in writing. Even for agreements that do not fall under the Statute of Frauds, a verbal contract is only as strong as the witnesses available to testify about what was said. Attorney Goldman strongly recommends putting all significant agreements in writing.
What should I do if someone breached a contract with me?
Your first step should be to document the breach — gather the contract itself, all communications with the other party, and any evidence of the failure to perform. Next, consult an attorney to evaluate whether the breach is material and what your damages are. In many cases, a well-crafted demand letter from counsel will resolve the dispute without litigation. If litigation is necessary, Attorney Goldman can represent you in the courts of Palm Beach County or Broward County to pursue your contractual remedies.
What if someone is threatening to sue me for breach of contract?
Do not ignore the threat or assume it will go away. Florida has a five-year statute of limitations for written contracts and a four-year period for oral contracts, meaning the other party has time to pursue a claim. Contact an attorney immediately to assess your exposure and available defenses. Common defenses include payment or performance, mutual mistake, failure of consideration, fraudulent inducement, the other party’s own breach, and others. Early intervention by counsel often results in more favorable outcomes.
How much does a contract attorney cost in Boca Raton?
Attorney Goldman’s virtual office model is specifically designed to offer competitive rates without sacrificing quality. The firm charges an hourly rate for contract review, drafting, and negotiation. A free initial consultation is available so you can discuss your matter with the attorney before committing to representation. Because you work directly with Ginny not with associates billing at lower rates but requiring more supervision, the firm’s model is often more efficient as well as more affordable.
Can you help with contracts for out-of-state transactions involving Florida parties?
Yes. The firm regularly represents businesses and individuals who are located outside Florida but have entered into contracts with Florida parties or have contractual disputes arising from Florida transactions. Attorney Goldman is admitted to practice in both Florida and New York, and the firm’s virtual model makes it practical to serve clients regardless of their physical location.
Practice Areas
Contact
Address
621 NW 53rd Street Suite 125 Boca Raton, FL 33487
Phone
561-447-9208