By: Beatriz Sanchez, Associate – Englander Fischer Attorneys
Most people think all hope is lost if a signature is missing from a contract, but that is not always the case. Contracts play a big role in business, and it is important to know that you do not have to give up your right to enforce a contract if one party did not sign it.
What Creates an Enforceable Contract?
The point of signing a contract is to show assent, however, signing a contract is not the only way to do that. In fact, Florida courts have found that where a contract was not signed but a party’s actions suggested acceptance, an enforceable contract existed. In one case, an enforceable contract was found to exist where a party did not sign the contract, but paid a deposit and subsequently paid invoices.
How Can You Uphold a Signed or Unsigned Contract?
Even if one party signed the contract but the other party did not, the contract may be upheld against the signing party, unless the contract expressly stated that the signature was conditioned on all of the parties signing the contract.
Given the various scenarios where Florida courts have enforced unsigned contracts, it is imperative to consult with an attorney before foregoing your contractual rights and remedies. Should you have any further questions regarding contract enforcement, please call Englander Fischer at (727) 898-7210 to see how one of our attorneys can assist you.