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Most written contracts contain a separately numbered paragraph which generally states that the contract cannot be modified except with a subsequent written document signed by all of the parties to the original contract. Notwithstanding such a provision, Florida law allows a written contract or agreement to be altered or modified by an oral agreement if the latter has been accepted and acted upon by the parties in such manner as would work a fraud on either party to refuse to enforce it. However, oral modifications are effective despite prohibitive language in the contract only where clear and unequivocal evidence of a mutual agreement is presented.
Obviously, if you are claiming that a written agreement has been orally modified, it is important that you are represented by qualified counsel so your position is effectively presented to the trier of fact.Contact Us
With extensive courtroom, arbitration and mediation experience and an in-depth understanding of contract, commercial and securities law, our firm provides all of our clients with the personal service they deserve. Handling cases worth $25,000 or more, we represent clients throughout Florida and across the United States, as well as for foreign individuals that invested in U.S. banks or brokerage firms. Contact us to arrange your free initial consultation.