Can an Oral Promise Override a Written Contract ?

Asked over 1 year ago - Danbury, CT

Hi!, in this situation I recently had surgery and Had to acquire rehabilitation for 6 weeks. However the place was in-house so I had to stay there. I went over choosing different places that gave the best price and this place stated with Insurance it wouldn't cost more than $6,000. I asked repeatedly and they reassured us it wouldn't cost over the 6,000. My mother, who doesn't speak english well, was made to sign a contract and at the time of transaction, they stated yea it wouldn't be over 6,000 and we paid it and acquired a reciept. months later they are telling us insurance ran out halfway through and we owe $8000+ . We tried to dispute it but they wouldn't even lower it and sent it to a collections agency. We are frustrated and do not know what to do. any help appreciated, thanks

Attorney answers (2)

  1. Dana Roxana Bucin

    Contributor Level 15

    Answered . Hard to answer your question without seeing what the written contract provides. Most written contracts have a clause saying the written contract trumps all earlier verbal or other communications between the parties (usually called the Merger or Integration clause). You might want to seek legal advice from an attorney who could review the written contract.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide,... more
  2. Tazewell Taylor Shepard IV

    Contributor Level 10

    Answered . Good evening. I agree with Dana. This is called the "parol evidence rule" and its a rule for interpreting written contracts. Generally courts will always assume that the terms in a contact will trump any prior oral agreements. After all, that's why the parties signed a written agreement, so goes the logic. You should review you documents with a lawyer and quickly figure out exactly what you signed and whether you must pay the full amount. Thanks for your question and good luck!

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