Posted by Nydia Streets of Streets Law in Florida Divorce
What constitutes a settlement offer versus an invitation to negotiate in a Florida family law case? Sometimes, lawyers will send offers of settlement to each other to try to resolve the case. When correspondence about these offers indicates it is “not an offer”, this may be an indication that it is only an invitation to negotiate. This was an issue in the case Vera v. Toledo, 3D22-0969 (Fla. 3d DCA March 1, 2023).
The former husband’s lawyer sent a letter to the opposing party which stated it was “an offer to enter into settlement negotiations” and “not a strict contract offer that [could] comprise a contract upon acceptance,” but instead “an offer to negotiate on the general terms set forth herein which can only be concluded and construed to be a binding agreement upon rendition of a specific independent written instrument signed by both of the parties.” Despite this, the trial court considered the terms of the letter an offer which was accepted by the former wife and deemed it a marital settlement agreement. The former wife appealed.
The appellate court held “Putting aside the fact that the purported acceptance did not mirror the proposal, a well-settled body of legal authority compels the conclusion the letter was merely an invitation to negotiate. See Spigler v. Se. Pub. Serv. Co., 610 So. 2d 521, 522 (Fla. 3d DCA 1992) (‘Preliminary negotiations designed to lead to an agreement do not, by themselves, constitute an agreement, as there is no mutuality of obligation or consideration.’)” The court further cited Pena v. Fox, 198 So. 3d 61, 63 (Fla. 2d DCA 2015): “[T]he acceptance must be a ‘mirror image’ of the offer in all material respects, or else it will be considered a counteroffer that rejects the original offer.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.