Florida does not recognize an unwritten deed. A transfer of real estate requires a written deed signed by the owner in front of two witnesses. A spoken promise to give or sell land does not transfer ownership.
Separately, Florida's Statute of Frauds says a contract to sell land must be in writing and signed by the party being held to it. An oral agreement to sell real estate generally cannot be enforced in court.
The Part Performance Exception
Florida courts have recognized a narrow exception for oral land sale agreements. A court may order the owner to complete the transfer when the buyer has relied on the agreement in ways that would make refusing it unfair. Courts usually look for:
Payment of all or part of the price.
Possession of the property by the buyer.
Valuable, permanent improvements made with the seller's knowledge.
Courts apply this exception strictly, and the buyer must prove the terms of the agreement with clear evidence.
Example
John orally agrees to buy land from Mary. He pays most of the price, moves onto the land, and builds a house with Mary's knowledge. Mary then refuses to sign a deed. A court may order Mary to deliver a deed based on John's part performance. If John had only paid money, he would more likely be limited to getting the money back.
Avoiding the Problem
A property transfer should always be documented with a written, witnessed, notarized, and recorded deed. A Florida real estate attorney can review whether an exception may apply to an existing oral agreement.