Florida Statutes
Fla. Stat. § 687.0304 (2025)
Credit agreements.
✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 687.0304 (2025)
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687.0304 Credit agreements.—
(1) DEFINITIONS.—For the purposes of this section:
(a) “Credit agreement” means an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation.
(b) “Creditor” means a person who extends credit under a credit agreement with a debtor.
(c) “Debtor” means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.
(2) CREDIT AGREEMENTS TO BE IN WRITING.—A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.
(3) ACTIONS NOT CONSIDERED AGREEMENTS.—
(a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subsection (2):
1. The rendering of financial advice by a creditor to a debtor;
2. The consultation by a creditor with a debtor; or
3. The agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.
(b) A credit agreement may not be implied from the relationship, fiduciary, or otherwise, of the creditor and the debtor.
History.—s. 1, ch. 89-130.
Notes of Decisions
Cited in 54
cases (9 in the last 5 years), 1991–2025 · leading case: Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership
Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership (2010)
“*903 Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on "an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation" unless "the agreement…”
PUFFN STUFF OF WINTER PARK v. Bell (1996)
“Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla.”
Maynard v. Central Nat. Bank (1994)
“CNB relied on the authority of section 687.0304, Florida Statutes (1991) which provides in pertinent part as follows: (2) Credit agreements to be in writing.”
Vargas v. Deutsche Bank National Trust Co. (2012)
“10, 2010) (stating that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs.”
Reese v. JPMorgan Chase & Co. (2009)
“Fla. Stat. § 687.0304 . (Def.’s Mot. to Dismiss 7).”
Collins v. CITRUS NAT. BANK (1994)
“The Bank argues that the trial court properly dismissed the complaint and amended complaint and cites section 687.0304, Florida Statutes (1989) which provides in part: (2) CREDIT AGREEMENTS TO BE IN WRITING A debtor may not maintain an action on a credit agreement unless the…”
Sees v. Bank One, Indiana, N.A. (2005)
“" Fla. Stat. § 687.0304 (2) (1989). Louisiana has a similarly worded statute.”
Pavolini v. Williams (2005)
“5th DCA 1994), for example, this court held that while section 687.0304 would preclude a debtor from bringing a claim based on an oral credit agreement, it would not prevent a debtor from asserting affirmative defenses based on post-execution waiver, estoppel or bad faith.”
Silver v. Countrywide Home Loans, Inc. (2011)
“See Fla. Stat. § 687.0304 (2). Silver’s fraud claims are based on the contention that Countrywide made a number of fraudulent misrepresentations upon which Silver relied to her detriment in entering the Mortgage Loan in 2005.”
Sundale, Ltd. v. Ocean Bank (2010)
“Whether the Bankruptcy Court erred in finding that Count I of the Second Amended Complaint for breach of contract should be dismissed because the agreement sued on does not satisfy the requirements of Fla. Stat. § 687.0304 , Florida’s Banking Statute of Frauds, and was not pled…”
Brenowitz v. Central Nat. Bank (1992)
“We reverse because we find there remain material factual disputes; in so doing we must construe, differently from the trial court, the "new" statute of frauds provision contained in section 687.0304, Florida Statutes (1989).”
Dixon v. COUNTRYWIDE FINANCIAL CORPORATION (2009)
“” Fla. Stat. § 687.0304 (1). Plaintiffs claim that Defendants promised Plaintiff a fixed interest rate of 6.”
— 687.0304(1) — 3 cases
PUFFN STUFF OF WINTER PARK v. Bell (1996)
“Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla.”
Vargas v. Deutsche Bank National Trust Co. (2012)
“10, 2010) (stating that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs.”
— 687.0304(1)(a) — 4 cases
Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership (2010)
“*903 Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on "an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation" unless "the agreement…”
— 687.0304(2) — 15 cases
PUFFN STUFF OF WINTER PARK v. Bell (1996)
“Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla.”
Vargas v. Deutsche Bank National Trust Co. (2012)
“10, 2010) (stating that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs.”
Pavolini v. Williams (2005)
“5th DCA 1994), for example, this court held that while section 687.0304 would preclude a debtor from bringing a claim based on an oral credit agreement, it would not prevent a debtor from asserting affirmative defenses based on post-execution waiver, estoppel or bad faith.”
— 687.0304(3) — 2 cases
Sundale, Ltd. v. Ocean Bank (2010)
“Whether the Bankruptcy Court erred in finding that Count I of the Second Amended Complaint for breach of contract should be dismissed because the agreement sued on does not satisfy the requirements of Fla. Stat. § 687.0304 , Florida’s Banking Statute of Frauds, and was not pled…”
— 687.0304(3)(a) — 1 case
— 687.0304(l)(a) — 5 cases
Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership (2010)
“*903 Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on "an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation" unless "the agreement…”
Vargas v. Deutsche Bank National Trust Co. (2012)
“10, 2010) (stating that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs.”
Sundale, Ltd. v. Ocean Bank (2010)
“Whether the Bankruptcy Court erred in finding that Count I of the Second Amended Complaint for breach of contract should be dismissed because the agreement sued on does not satisfy the requirements of Fla. Stat. § 687.0304 , Florida’s Banking Statute of Frauds, and was not pled…”
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