Before entering into a contract agreement, all parties should clearly state their intention to enter into the contract and agree to every part of the contract. Each party must also have capacity, meaning the parties have the requisite ability to understand the terms and obligations detailed in the contract.
Does a Florida LLC Operating Agreement Need to be Notarized? No, you do not need to notarize your LLC Operating Agreement. However, it's a good idea to have your Operating Agreement in writing and to have every member sign the OA to confirm its validity as a legal document.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
Every contract, whether simple or complex, is considered legally enforceable when it incorporates six essential elements: Offer, Acceptance, Awareness, Consideration, Capacity and Legality. It is critical that all six elements are present—just one missing element can make a contract invalid and unenforceable.
Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer made by one party and accepted by the other. Something of value must be exchanged for something else of value.
Handwritten contracts are legally binding if they meet the necessary conditions that apply to all contracts: mutual agreement, capacity, consideration, and legal validity. There are no legal differences between typed and handwritten agreements when it comes to enforceability.
It is possible to draft your own lease agreement, but you are leaving yourself open to issues.
Given the stakes, it's common for property owners to consider whether they can draft this document themselves. While it is legally possible to write your own commercial lease agreement in Florida, doing so involves careful consideration of legal, business, and practical factors.