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Goerlitz Law, PLLC | Business, Real Estate & Litigation
  • Home
  • About
    • Jared M. Goerlitz
  • Practice Areas
    • Business Transactional Law
      • Contract Drafting And Review
      • Business Formation
      • Mergers & Acquisitions
    • Business Litigation
      • Breach Of Contract
      • General Counsel Representation
      • Shareholder & Ownership Disputes
    • Real Estate Law
      • Real Estate Investors & Non Traditional Lenders
      • Real Estate Problems
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  5. Is a handshake enough? When business deals aren’t in writing

Is a handshake enough? When business deals aren’t in writing

On Behalf of Goerlitz Law, PLLC | Jun 9, 2025 | Contracts

You might have had a deal sealed with a nod, a handshake or a quick call — no contract, just mutual trust and years of working together. But when something shifts, like a missed payment, a change of heart or a partner walking away, you’re suddenly left wondering whether that “understanding” will hold up in court. In Minnesota, sometimes it can, but only if the right pieces are in place.

Courts can enforce oral agreements, but only in specific cases

If you and another party agreed on key terms and both of you followed through, the law may recognize that deal even without a written contract, but the burden of proof is on you. Courts look for clarity: Did both sides agree to the same thing, were the terms specific and was there clear performance from both parties? If the answer is yes and you can show it, a judge may treat your verbal deal as binding.

Proof matters more than promises

When your agreement lives only in conversation, you need evidence that it actually existed. That could mean emails, invoices, payment records, texts or even patterns of past behavior that reflect an ongoing understanding. Without that paper trail, you are not simply facing a credibility issue — you’re at the mercy of who tells the more convincing story.

Some deals must be in writing to be enforceable

Here’s the legal catch: Minnesota, like other states, follows a rule called the Statute of Frauds. It says that some agreements, like real estate sales, long-term contracts and certain high-value transactions, are legally unenforceable unless they are in writing. Even if both parties fully intended to follow through and even if they shook hands on it, the court won’t enforce a deal that the law explicitly requires to be written down.

How to protect your business without overcomplicating deals

You don’t need a thirty-page contract for every deal, but you do need something that documents the core terms. That could be a quick follow-up email that confirms what was agreed to, a memo sent after a meeting or a simple one-pager both sides sign. If the stakes are high or the terms complex, pulling in legal counsel early will always cost less than litigating a dispute later.

When trust breaks down, proof is everything

If you’ve relied on a handshake deal, or if you are already in a dispute, don’t assume the truth will speak for itself. Courts don’t deal in good faith — they deal in evidence. The stronger your documentation, the more power you have to protect what you built, recover what you’re owed or hold the other side accountable when the trust runs out.

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