Hello and welcome to JustAnswer. Please note: (A)
This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms
If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C)
there may be a slight
delay between your follow ups and my reply while I am typing out my answer.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
I am sorry to say that if there was a VERBAL agreement, and a WRITTEN agreement about the same thing, and they contract one another, then the written agreement controls
. This is called the parol evidence rule
. Evidence outside what was written into the contract is the term "parol evidence." As explained, it is NOT admissible, so the written contract is the one presumed TRUE.
Parol evidence is, however, admissible to show (1) the execution of a written agreement was procured by fraud, (2) an agreement was to become
effective only upon certain contingencies, or (3) the parties' true intentions if the writing is ambiguous. Litton v. Hanley, 823 S.W.2d 428, 430 (Tex. App.- Houston [1st Dist.] 1992, no writ) (citations omitted).
However, this may be hard to prove if you signed the document willingly.
If you wish to do this, you will have to FILE IN COURT
to do so, under a "declaratory judgment" action in COUNTY or DISTRICT Court, which costs a few hundred dollars just to file and months of waiting for a trial
Please note: If I tell you simply what you wish to hear, this would be unfair to you
. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND
button to keep chatting, or please rate
when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars
and then SUBMIT
, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct
. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.