Parole Evidence Rule Flashcards
1
Q
Can Homer offer evidence of an oral agreement regarding inspection of a house if (1) Homer and the seller agreed that there is no contract if inspector found substantial defect, (2) their agreement has all terms except the condition for inspection, (3) doc had merger clause, (4) they all agree orally that sale takes place only if the residence passes the inspection, (5) inspector finds substantial defect so Homer refuses to buy?
A
Yes b/c Homer and the seller agreed to condition the purchase on favorable inspection - parol evidence can be admitted to prove a condition precedent, which in this case is the favorable inspection of the house
