Statute of Frauds

From Florida Legal Wiki

The Statute of Frauds requires that certain contracts be evidenced in writing. It is an Affirmative Defense.

Florida has several statutes of frauds, each dealing with different types of transactions

Any agreement for the sale of goods for more than $500, § 672.201, Fla. Stat., for the sale of personal property other than goods for a price of more than $5,000, § 672.206, Fla. Stat., or for the lease of goods for lease payments in excess of $1,000, § 680.201(1), Fla. Stat., must be in writing to be enforceable.

Under the express terms of these statutes, a writing is required regardless of when performance can be completed. Conner, I, Inc. v. Walt Disney Co., 827 So.2d 318, 319 (Fla. 5th DCA 2002).

An action otherwise barred by the Statute of Frauds cannot be brought indirectly through some other claim. Canell v. Arcola Housing Corp., 65 So.2d 849, 851 (Fla.1953) (breach of contract action barred by statute of frauds cannot be brought indirectly as a fraud action).