Implied Contract
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
An implied contract is an agreement that is not expressly written or spoken but is inferred from the parties' conduct (implied in fact), or imposed by a court to prevent unjust enrichment (implied in law, or quasi-contract).
Real estate runs on written contracts for good reason, but people still act before they sign. When they do, courts look at what everyone did, and the result may not be what either side intended.
Two Kinds
- Implied in fact: conduct shows both sides intended a deal, such as a tenant paying and a landlord accepting rent after a lease expires.
- Implied in law (quasi-contract): no real agreement, but a court requires payment so one party is not unjustly enriched.
Limits in Real Estate
Florida's statute of frauds (Section 725.01, Florida Statutes) requires contracts for the sale of land to be in writing, so an implied contract generally cannot force a property sale. Implied terms still arise around occupancy, services and payments, as with a holdover tenant.
A Hypothetical Daytona Example
A tenant stays after a lease ends and keeps paying, and the owner keeps depositing the checks. In this example, the parties may have an implied periodic tenancy on the old terms, which is why owners should document holdover terms in writing. Hypothetical scenario. Consult a Florida attorney on specific facts.
From the Desk
If it matters, write it down. What you do before you sign can become the deal you never meant to make.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39 years in commercial real estate, first in Chicago, now in Florida, across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Implied Contract Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years in commercial real estate, first in Chicago and now in Florida, with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is an implied contract?
An agreement inferred from conduct or imposed by law rather than expressly stated.
What is the difference between implied in fact and implied in law?
Implied in fact rests on the parties' conduct; implied in law is imposed to prevent unjust enrichment.
Can an implied contract sell real estate in Florida?
Generally no; Florida's statute of frauds requires land sale contracts to be in writing.
How does a holdover tenancy relate?
Continuing to pay and accept rent can imply a new periodic tenancy.
Is this legal advice?
No; consult a Florida real estate attorney about specific facts.
Article Summary
Implied contracts arise from conduct or by law; in Florida, land sales still require a writing, but occupancy and payment terms can be implied.
Key Takeaways
- ✓Inferred, not written.
- ✓Implied in fact vs in law.
- ✓Land sales need a writing in FL.
- ✓Holdovers can create one.
- ✓Document everything.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39 years in commercial real estate, first in Chicago and now in Florida, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- Florida Legislature. "Section 725.01, Florida Statutes: Promise to pay another's debt, etc. (statute of frauds)." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0725/Sections/0725.01.html. Accessed Oct 6, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Oct 6, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.