medium · National Real Estate Exam contracts
A buyer and seller enter into a written purchase agreement. Prior to signing, the seller orally promised to leave the expensive porch swing, but the written contract does not mention it.
Under the parol evidence rule, why is the seller likely permitted to take the swing?
- The statute of frauds requires that all personal property transfers be recorded in the deed.
- Oral promises are always void in real estate transactions regardless of the written contract.
- The porch swing is considered an emblement and stays with the seller by law.
- The written contract is considered the final and complete expression of the parties' agreement.
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