Can an Unwritten Deed Be Set Aside in Florida?

In Florida, the Statute of Frauds mandates that certain contracts, including those for the sale of real estate, must be in writing to be enforceable. This requirement is outlined in Florida Statute §725.01. Therefore, an unwritten (oral) agreement to transfer real property typically cannot be legally enforced and may be set aside.

Exceptions to the Statute of Frauds:

While the Statute of Frauds requires written agreements for real estate transactions, Florida law recognizes certain exceptions where an oral agreement might be enforced:

Part Performance

If the buyer has partially or entirely performed their obligations under the oral contract, such as making payments, taking possession of the property, or making significant improvements, a court may enforce the agreement to prevent injustice. The elements of part performance include:

• Payment of all or part of the consideration.

• Possession of the property by the buyer.

• Making valuable and permanent improvements to the property with the seller's consent.

These criteria are discussed in Miller v. Murray, 68 So.2d 594 (Fla. 1953). This case illustrates the part performance exception, where courts may enforce an oral agreement if there is evidence of significant acts like payment, possession, or improvements. The decision highlights how such acts can prove the existence of an agreement despite the lack of a written contract.

Full Performance

If one party has fully performed their part of the agreement, such as the buyer paying the full purchase price and the seller delivering possession, the contract may be enforced despite the lack of a written document.

This principle is supported by Dionne v. Columbus Mills, 311 So.2d 681 (Fla. 2d DCA 1975), which illustrates the part performance exception, where courts may enforce an oral agreement if there is evidence of significant acts like payment, possession, or improvements. The decision highlights how such acts can prove the existence of an agreement despite the lack of a written contract.

Examples Illustrating These Exceptions

• Part Performance: John orally agrees to purchase a parcel of land from Mary. He pays a substantial portion of the purchase price, takes possession of the land, and constructs a house with Mary's knowledge and consent. Despite the lack of a written contract, a court may enforce the agreement based on John's part performance to prevent unjust enrichment.

• Full Performance: Sarah verbally agrees to sell her property to Tom. Tom pays the entire agreed-upon price, and Sarah transfers possession of the property to him. In this scenario, the court may uphold the fully performed agreement, even without written documentation.

Importance of Consulting a Real Estate Attorney

Navigating the complexities of real estate transactions and the Statute of Frauds requires professional legal guidance. Consulting a qualified real estate attorney is essential to:

• Ensure compliance with Florida's legal requirements for property transfers.

• Assess whether any exceptions to the Statute of Frauds apply to a particular situation.

• Protect the interests and rights of the parties involved.

An attorney can provide personalized advice tailored to specific circumstances, helping to prevent potential legal disputes and ensuring that property transactions are conducted lawfully and effectively.