Legal Question in Credit and Debt Law in Florida

If a contract to purchase does not have a final payment date but states the balance will be paid in several months, what is considered several months? Also is a contract considered binding if there is no date indicating when the balance shall be paid?


Asked on 7/26/09, 12:08 pm

1 Answer from Attorneys

Steven Meyer CPLS, P.A.

If the contract does not specify the date for the final payment, it is probably enforceable. A judge would have to consider what the parties to the contract say about what their intention was when they signed it. Things such as e-mail, faxes and telephone conversations between the parties are evidence of what they intended. Obviously if the communications were in writing, it makes it much easier to determine what the parties originally intended.

No matter which side of the issue you're on, it would be beneficial to try to work something out with the other side, rather than going to court. It could end up being very expensive going to court, and you may not be able to get the judge to award you back your attorney's fees and any fees that you pay to file a lawsuit. Plus, you may not like the result if it goes to court.

This would be a very good case in which to work something out voluntarily with the other side.

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Answered on 7/26/09, 2:21 pm


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