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Buying & Selling a Business

Can I insist that all consents be obtained in writing, not just verbally confirmed?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, and doing so is good, standard practice rather than an unusual demand. Requiring that any required third-party consent — a landlord's consent to a lease assignment, a supplier's or licensor's consent to assign a contract — be obtained in writing, and delivered before closing, gives you something concrete and provable rather than relying on someone's verbal assurance that "it's fine" or "they said yes on the phone."

A verbal consent is genuinely difficult to rely on later: it can be misremembered, denied, or simply never actually communicated to the right person at the other business, and if a dispute arises after closing about whether a consent was properly given, a written record is far more useful evidence than someone's recollection of a conversation. Building a written-consent requirement directly into the closing conditions also gives you a clean, objective standard for whether that condition has actually been satisfied, avoiding exactly the kind of "did we get consent or not" argument that can otherwise derail a closing.

This is a small, low-cost drafting choice with real practical value, and it's the kind of detail a Treadstone business lawyer builds into closing conditions as standard practice.

Key takeaways

  • Requiring written consents rather than verbal assurances is standard, sensible closing practice.
  • Verbal consents are hard to rely on and easy to dispute or deny later.
  • A written-consent requirement gives an objective standard for whether a condition is actually satisfied.
  • This is a low-cost drafting choice that avoids a common source of last-minute closing disputes.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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