Florida Contract Laws
Business agreements, involving an exchange of goods or services for a financial consideration, or for other goods or services, are regulated in the state of Florida by contract laws contained in the Florida statutes. Many contract laws are found in Title XXXIII of the statutes, entitled Regulation of Trade, Commerce, Investments and Solicitations.
Telemarketing Contract
Telemarketing companies contact people via telephone in order to persuade those people to purchase their goods or services. Florida law defines this process as commercial telephone solicitation. Because telephone sales people can be very persuasive, the law contains safeguards designed to protect the public, and these can be found in chapter 501 of the Florida Statutes. The law states that where ever a contract is agreed verbally, following a commercial telemarketing solicitation, the terms agreed verbally are not binding on the purchaser, without a written contract, which must be signed by both parties to the agreement. Without a written contract, the terms agreed verbally are not enforceable under the law. The contract must contain a description of the goods or services that are going to be supplied, plus the total price and the name, address and telephone number of the company. The contract must also contain the name of the salesperson.
Sale of Motor Vehicles
A contract to purchase a motor vehicle is often arrived at verbally, when a purchaser visits a car dealership. Verbal contracts are not valid, and are not enforceable by law if the dealer has misrepresented the vehicle being sold, either verbally or in writing. The law expressly forbids a dealer from making false declarations concerning the condition and history of the vehicle, and chapter 501.976 of the Florida statutes further states, in section (6), that the dealer must give the purchaser written details, prior to purchase, of the terms of any warranties or guarantees, sold with the vehicle. If special conditions apply to a warranty, especially conditions which place an obligation on the purchaser. then these must be included in the contract. Section (9) states that a dealer cannot get a customer to sign a contract before all the details, including details of warranty obligations, are completed on the contract.
Health Studio Contracts
Contracts for providing health studio services must contain a clause allowing the purchaser of those services to cancel the contract at any time, and for any reason, within three days of signing the contract. The three days must not include weekends or public holidays, and if a purchaser does cancel the contract, in writing, the health studio must give the purchaser a refund. The refund must be for the full amount paid by the purchaser, less a proportion representing the three days from the signing of the contract. The health studio must pay the refund within 30 days of receiving the cancellation notice. Health studio contracts must also contain a provision, allowing the purchaser to cancel the contract, and receive a refund, if the studio moves its facilities more than five miles, by road, from the location occupied when the contract was first signed.
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