When a Verbal Agreement Becomes a Lawsuit: Enforcing Oral Contracts in NY & NJ

“We shook hands.” “They agreed over email.” “It was all in our texts.”

If this sounds familiar, you’re not alone. In New York and New Jersey, a written contract isn’t always required to have a legally enforceable agreement. Under the right circumstances, an oral contract can lead to a successful breach of contract lawsuit.

1. Yes, Verbal Agreements Can Be Enforced

Courts in NY and NJ recognize oral agreements — provided they meet the basic elements of a contract:

• Offer
• Acceptance
• Consideration (each side gives something of value)
• Mutual intent to be bound

The absence of a signature doesn’t mean there’s no contract. The issue is whether the parties agreed and intended to be legally bound.

2. What Evidence Can Prove an Oral Agreement?

Because oral contracts aren't written, the court looks at surrounding facts. Useful evidence includes:

• Text messages and emails discussing the deal
• Invoices, receipts, or proof of partial performance
• Witnesses to conversations or meetings
• Past dealings between the parties

Even casual communications can confirm the terms of an otherwise unwritten deal.

3. When Are Verbal Agreements Not Enforceable?

Certain types of agreements must be in writing to be enforceable. Under the “Statute of Frauds,” oral contracts may not be valid if they involve:

• Real estate sales
• Agreements that cannot be performed within one year
• Promises to pay someone else's debt
• Marriage-related consideration

If your case falls into one of these categories, a written agreement is typically required.

4. Why You Should Still Act Quickly

The longer you wait to act, the harder it is to prove an oral contract. Memory fades, records disappear, and opposing parties may rewrite history. If you’ve been ghosted or shorted after a verbal agreement, document everything immediately and speak with an attorney.

5. Common Oral Contract Disputes We Handle

At JDE Law Firm, PLLC, we’ve handled disputes involving:

• Unpaid commissions and consulting fees
• Freelance work based on text/email approvals
• Handshake business deals that fell apart
• Service arrangements with partial performance

Don’t assume you don’t have a case just because the contract wasn’t written down.

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Need to Enforce a Verbal Agreement?

If a client or business partner has failed to honor an oral agreement, we can help you evaluate your options and take legal action. You may still have a strong case — even without a signed contract.

Call JDE Law Firm, PLLC: NY – 718-966-0877 | NJ – 732-490-7120
Or visit www.jdelaw.nyc

My Business is to Protect Your Business.