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.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
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