Question: Homeowners enter into a contract negotiation with Builder to construct a home. After several months both parties sign a written agreement that does not contain
Homeowners enter into a contract negotiation with Builder to construct a home. After several months both parties sign a written agreement that does not contain a merger clause or otherwise indicate a complete expression of the agreement. After construction is underway but performance is not completed Homeowners sues Builder and attempts to submit evidence of a prior oral contract accepted by Builder. May Homeowners submit such prior evidence? Group of answer choices
No, the statute of frauds requires the contract to be in writing and therefore no evidence of prior oral agreements may be introduced.
Yes, parol evidence may be introduced to prove elements of the agreement not reduced to writing.
No, the parol evidence rule prohibits introduction of prior oral agreement when the written agreement is a final expression
Yes, the parol evidence rule allows for introduction of oral evidence to illustrate prior performance.
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