Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Contract disputes over revocation of offers

People and businesses in Florida generally conduct their businesses by offering certain goods and services in exchange for money or other consideration. At a very basic level this type of offer and acceptance creates a contract between the parties. These can be very complicated, though, so many times these contractual relationships are put into writing and signed by the parties to ensure the performance of both parties to the contract.

However, before the final contract is finalized, there is oftentimes negotiations regarding the terms before they are finally agreed upon by both parties. This can lead to contract disputes. One such dispute that may arise is that one party may revoke a previously made offer that the other side believed they already accepted. This can lead to a dispute regarding whether the offer was accepted or not, because a contract is not formed until offers are accepted.

To prove that a contract was created, the entity claiming it was created must prove that they accepted the offer prior to it being withdrawn. This means that the other party never communicated that the offer was withdrawn prior to acceptance or it can simply mean that the other side never withdrew the offer. An offer is not revoked until the revocation was actually communicated to the other side. It does not necessarily need to be in writing, but the other side needs to be aware that the offer has been revoked.

Contracts are formed every day in Florida. These contracts could be oral, written or based on the conduct of the parties, but no matter what type of contract is formed unless there is an offer and acceptance of that offer there is not a contract. Offers can be revoked prior to acceptance, but if that occurs it can create disputes. Experienced attorneys understand the elements of contract formation and may be a useful resource.

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