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A California residential purchase agreement contains an integration clause. After closing, the buyer seeks to enforce a verbal promise made by the seller's agent prior to signing regarding items not mentioned in the written contract. Under California law, can the buyer enforce that verbal promise?

Correct Answer

B) No, because the integration clause establishes the written contract as the complete agreement between the parties

Under California's parol evidence rule (Code of Civil Procedure §1856), a written contract that contains an integration clause is presumed to represent the entire agreement of the parties. Prior or contemporaneous oral statements that contradict or supplement the written terms are generally inadmissible and unenforceable. The buyer's remedy, if any, would depend on whether the agent's statement constitutes actionable misrepresentation, not contract enforcement.

Answer Options
A
Yes, because statements made by a licensed agent are binding on the seller as a matter of law
B
No, because the integration clause establishes the written contract as the complete agreement between the parties
C
Yes, but only if the verbal promise was made in the presence of a neutral third party
D
No, because agents are legally prohibited from making any representations about a property before closing

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Related Topics & Key Terms

Key Terms:

integration_clauseparol_evidencemerger_clauseCCP_1856
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