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1. This would be a defect in the formation of the contract as the entity could not have given consent to agree to anything if it did not exist. So, it is not void per se; but should be voidable at your option.
2. Yes, this may qualify as fraud under this TX definition:To establish common law fraud, a plaintiff must prove (1) the defendant made a material representation, (2) which was false, (3) which was either known to be false when made or which was recklessly made as a positive assertion without knowledge of its truth, (4) which the speaker made with intent that it be acted upon, and (5) the other party took action in reliance upon the misrepresentation, and (6) thereby suffered injury. In re FirstMerit Bank, N.A., 52 S.W.3d 749, 758 (Tex. 2001)
You can send them a letter. However, you should also know that if you knew for a while these facts about the company not being in existence, but chose to continue to operate under the agreement then they could argue that you are estopped from now trying to void out the agreement.
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