3.5 Terms, Fraud, and Concealment

• Library: Real Estate Practice Deskbook (2019 Ed.)

2. (§3.5) Terms, Fraud, and Concealment

The terms of any contract must be clear and definite. Any verbal statement made before the execution of the contract is merged into the contract unless the statement amounts to fraud in the procurement or inducement. In Osterberger v. Hites Construction Co., 599 S.W.2d 221 (Mo. App. E.D. 1980), the court held that it is not always essential that a false and fraudulent misrepresentation be made to constitute fraud in the procurement or inducement of a residential real

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