It is not uncommon to see a Florida real estate contract that is not properly signed. For instance, I often see a limited liability company or corporation signing on behalf of itself, rather than an individual member or officer of the entity signing on its behalf (e.g., ABC, LLC’s signature is signed “ABC, LLC” rather than the signature of an individual who is authorized to sign on behalf of the LLC).
Whether a real estate contract is valid without being properly signed will depend on the facts of the situation. To prove the existence of a valid contract, a party must prove (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. Kolodziej v. Mason, 774 F.3d 736, 740–41 (11th Cir. 2014) (citing St. Joe Corp. v. McIver, 875 So. 2d 375, 381 (Fla. 2004). If all the elements of a valid contract can be proven, then a valid contract exists regardless of whether it was signed.
It might be surprising to some, but even if there was no signature of one of the parties, there can still be a valid contract. See Gateway Cable Television, Inc. v. Vikoa Constr. Corp., 253 So. 2d 461, 463 (Fla. 1st DCA 1971) (“The object of a signature is to show mutuality or assent, but these facts may be shown in other ways, for example, by the acts or conduct of the parties.”) If the parties acted as if a contract was in place and each party performed their obligations under the contract, then a court may determine there was a valid contract, even if it was not signed. See James Register Constr. Co. v. Bobby Hancock Acoustics, Inc., 535 So. 2d 339, 340 (Fla. 1st DCA 1988).
Overall, a signature is not required for a valid contract to exist if all the elements of a valid contract can be proven. If the parties acted as if there was a contract in place and performed their obligations under the contract, then a valid contract likely exists.