Contract Law
Florida Contract Law Attorney: Protecting Your Rights in Every Agreement
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
- 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- Mutual mistake: if both parties were wrong about a fundamental fact, the contract may be rescinded.
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.
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.
Business & Commercial Contracts
- 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
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
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
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?
Remedies for Breach of Contract in Florida
- 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.
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:
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.
Practice Areas
Contact
621 NW 53rd Street Suite 125 Boca Raton, FL 33487
