Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.
In the world of contracts, you have probably encountered a “merger clause” at some point. A merger clause (also known as an integration or entire agreement clause) is found in most contracts. A typical merger clause serves to establish that the contract is not only the final but also the complete agreement between the parties.
Additionally, the merger clause simply clarifies that no extraneous oral conversations will make their way into the written contract (Parol Evidence Rule). More formally speaking, the Parol Evidence Rule prohibits consideration by the court of extrinsic evidence to contradict, vary, or add to the terms of an unambiguous written agreement, absent evidence of fraud, accident or mistake. We will talk about this important rule in a later blog post, so stay tuned.
Speaking of the merger clause, parties usually want their obligations to be expressed in a single agreement. Hence, the purpose of a merger clause is to prevent a party (or a judge, in the event of litigation) from maintaining that the contract doesn’t represent the entire agreement between the parties. Including a merger clause helps limit the ability of another party to rely on other written or verbal communications to interpret, supplement, or contradict the terms of the contract.
This issue arises more often than you might think, particularly when the parties have exchanged prior documents (e.g., requests for proposal, letters of intent, emails, etc.) or made oral assurances. It also tends to happen when parties that have had an ongoing business relationship enter into an agreement with different terms, but one of the parties expects their relationship to continue as usual.
Remember: Documents like exhibits & schedules that are incorporated by reference into the main contract should be explicitly identified in the merger clause as part of the contract so as to be considered part of the entire agreement.
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t need to?