He Said, She Said: How to Prove Verbal Promises in Business Deals

What to Do When the Other Side Denies What They Agreed To

You shook hands. You had the call. You confirmed over text.

The deal moved forward. Then… they backpedaled:

“That’s not what we agreed to.”

Now it’s your word against theirs. But if you think a court won’t enforce anything without a signed contract—you’re wrong. In New York and New Jersey, verbal promises can be binding.

🗣 Yes, Verbal Agreements Can Be Enforceable

Not all contracts have to be in writing. Courts can enforce a deal if there was:

• Offer
• Acceptance
• Consideration (something of value exchanged)

If you acted on the promise and the other side accepted the benefit, a contract may have been formed—even if nothing was signed.

🔍 What Evidence Can Prove a Verbal Agreement?

Here’s how we build a case when the key terms were discussed off-paper:

• Text messages and emails that confirm what was discussed
• Invoices, checks, or bank transfers tied to the promise
• Voicemail, Zoom recordings, or chat logs
• Witnesses who heard the agreement or saw it acted upon
• Course of conduct — did the parties act like the deal existed?

The more consistent your behavior and documentation, the stronger your case.

🚫 When Verbal Promises Don’t Hold Up

Some contracts must be in writing to be enforceable under the Statute of Frauds. These include:

• Real estate transfers
• Agreements that can’t be performed within one year
• Promises to pay someone else’s debt
• Sale of goods over $500 (UCC rules apply)

But even then, partial performance can sometimes overcome these rules—if handled properly.

📌 What to Do If the Other Side Denies the Deal

• Preserve every message — don’t delete anything
• Reconstruct the timeline of what was said, when, and by whom
• Consult an attorney before responding — don’t tip your hand too soon

We often draft settlement letters, legal demands, or even lawsuits based on this type of case. The key is building a credible paper trail from the surrounding facts.

The Bottom Line

In business, what people say does matter. Courts don’t expect every agreement to be 10 pages and notarized.

But the moment someone tries to deny what they promised—you need proof, and a plan.

Need help enforcing a deal you didn’t get in writing? Book a 15-minute paid consult with JDE Law Firm, PLLC today.

🔗 Schedule a Consultation