Incorporated Documents (such as an Addendum) Need to be Identified as Incorporated

If you have a document you want incorporated into the contract, make sure the contract specifically identifies the incorporated document. Otherwise, that document will NOT form the basis of your contract and if that document is not executed, it will NOT affect the enforceability of your contract. By way of example, in Mercado v. Sridhar, 48 Fla.L.Weekly D2188a (Fla. 3d DCA 2023), a buyer and seller entered into a purchase-and-sale contract. The issue was an addendum relating to the seller’s furnishings and a leaseback option that was never executed. The buyer sued the seller for specific performance when the seller refused...