Florida Statute of Frauds: 2025 Brief Refresher

The Florida Statute of Frauds plays a vital role in shaping contract law by requiring that certain agreements be in writing to be enforceable. Much like its English predecessor, Florida’s version aims to reduce disputes based on verbal promises and protect individuals and businesses from fraudulent claims. This statute has a deep-rooted history in Anglo-American law, but Florida courts apply it with unique statutory provisions and strict judicial interpretation.

Historical Background of the Statute of Frauds

English Common Law Origins

The English Statute of Frauds of 1677 first required written agreements for specific types of contracts, including real estate and contracts not performable within one year. This principle crossed the Atlantic with colonists and became a foundation for American contract law.

Adoption in the United States

Most U.S. states adopted versions of the Statute of Frauds. While language varies, the underlying goal is the same: certainty in contracts and protection against fraudulent claims.

Florida’s Legislative Framework

Florida has codified its Statute of Frauds under Fla. Stat. § 725.01, with additional provisions under banking, lending, and the Uniform Commercial Code (UCC). Florida courts interpret the statute strictly, ensuring its protective function is not undermined.

Primary Purpose of the Statute of Frauds

Preventing Fraud and Perjury

The statute exists to stop fabricated claims based on oral promises. Without it, courts would frequently face “he said, she said” disputes that undermine justice.

Ensuring Reliable Written Evidence

Requiring a signed, written agreement ensures both parties understand and consent to terms, reducing misunderstandings and litigation.

Florida’s Application of the Statute of Frauds

Contracts Covered Under Florida Law

In Florida, the Statute of Frauds applies to:

• Real estate sales and leases over one year
• Contracts not performable within one year
• Marriage-related agreements
• Guarantees of another’s debt
• Certain financial and lending contracts

Oral vs. Written Agreements

While oral agreements may be valid in some circumstances, they are unenforceable if they fall under categories covered by the statute.

Case Law Examples

Mortgage and Lending Cases under Florida Statute of Frauds

Borrower vs. Lender Disputes

In Llanso v. SHEDDF2-FL3, LLC (2022), a borrower’s oral claim about loan extensions failed because no written agreement existed.

FDUTPA and Banking Statute of Frauds

A claim under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) was dismissed because the oral agreement was never reduced to writing.

Statute of Frauds in Tort and Misrepresentation Claims

Fraudulent Promises vs. Written Agreements

Plaintiffs often attempt to reframe contract disputes as fraud claims. Florida courts consistently reject this tactic.

Limits on Reformulating Claims

Recasting an unenforceable oral contract as a fraudulent misrepresentation claim is not permitted. For example, an oral promise about mortgage payments cannot override a signed mortgage note.

When Fraud Claims Can Still Proceed

If fraud involves a pre-existing fact, separate from the oral promise itself, courts may allow the claim. For example, false representations about business capabilities before contract formation may stand as independent tort claims.

Key Florida Cases Interpreting the Statute of Frauds

• Walsh v. Abate (2022): Strict enforcement of Fla. Stat. § 725.01.
• US Iron FLA v. GMA Garnett (2023): UCC contracts must comply with statute requirements.
• Employer-Employee Disputes: Oral contracts exceeding one year are unenforceable.

Legal Remedies and Enforceability

Void vs. Voidable Contracts

Contracts violating the Statute of Frauds are not void but unenforceable unless written proof exists.

Quantum Meruit Recovery

Parties may still recover under quantum meruit (value of services rendered), even if the contract itself is unenforceable.

Strict Construction by Florida Courts

Florida courts strictly interpret the statute, prioritizing its fraud-prevention purpose over sympathetic circumstances.

Practical Implications for Individuals and Businesses

• Always put agreements in writing.
• Avoid reliance on oral promises.
• Ensure contracts include signatures of all parties.

Businesses should document all negotiations and use written contracts to protect against disputes.

Frequently Asked Questions (FAQs)

1. What contracts must be in writing under Florida law?

Real estate, marriage, debt guarantees, contracts longer than one year, and credit agreements.

2. Can I enforce an oral contract in Florida?

Only if it does not fall within the categories covered by the Statute of Frauds.

3. What happens if my contract violates the Statute of Frauds?

It becomes unenforceable, but you may seek recovery under quantum meruit.

4. Can fraud claims bypass the Statute of Frauds?

Generally no, unless the fraud involves pre-contract misrepresentation of facts.

5. Does the Statute of Frauds apply to electronic agreements?

Yes. Courts accept emails and electronic signatures as valid writings.

6. How does the UCC apply to Florida’s Statute of Frauds?

Contracts for the sale of goods over $500 must be in writing under Florida’s adoption of the UCC.

Why the Statute of Frauds Matters Today

The Florida Statute of Frauds continues to safeguard the integrity of contracts by requiring written agreements for key transactions. Whether in real estate, lending, or business contracts, parties who rely on oral promises risk unenforceability. Understanding this statute is crucial for both legal compliance and practical business strategy.

For more details, you can read the Florida Statutes Online.