📜 What Is an Entire Agreement Clause in Real Estate?

An Entire Agreement Clause — also called a Merger Clause or Integration Clause — states that the written purchase contract is the full and final agreement between the buyer and seller. It prevents either party from claiming that verbal promises, side deals, or earlier drafts are enforceable unless written directly into the contract.

How an Entire Agreement Clause Works

This clause ensures that only the written, signed contract controls the transaction. Any prior emails, texts, conversations, or informal promises are considered void unless included in the final agreement or added through a written addendum or amendment.

Common components of an Entire Agreement Clause include:

  • Merger of all terms — all prior negotiations are replaced by the written contract.
  • No outside promises — verbal or informal agreements are not enforceable.
  • Written changes only — all updates must be in writing and signed by both parties.
  • Protection from misunderstandings — prevents disputes based on “he said/she said.”

The clause creates certainty by confirming that the signed contract — and nothing else — governs the transaction.

Why an Entire Agreement Clause Matters

Benefits for Buyers:

  • Prevents sellers from changing terms based on verbal statements.
  • Ensures that only the signed contract terms apply.
  • Creates certainty about repairs, credits, or included items.
  • Protects against misunderstandings from earlier negotiations.

Benefits for Sellers:

  • Prevents buyers from claiming verbal promises were made.
  • Reduces disputes over what was “agreed upon.”
  • Keeps the contract simple and fully enforceable.
  • Ensures all changes are documented in writing.

Example of an Entire Agreement Clause

A typical entire agreement clause might state:

  • “This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or verbal.”
  • “No amendment or addendum is valid unless in writing and signed by both Buyer and Seller.”
  • “The parties acknowledge that no other promises or understandings exist outside this Contract.”

This ensures the written contract is the final source of truth for both parties.

Why It Matters for FSBO Sellers

FSBO sellers often negotiate directly with buyers, increasing the chance of misunderstandings. An entire agreement clause protects sellers by ensuring only the written contract terms control the deal.

  • Prevents disputes based on informal conversations or texts.
  • Strengthens the enforceability of the contract.
  • Ensures all agreements are documented clearly.
  • Reduces risk when communicating directly with buyers.

When listing with Flat Fee MLS through Brokerless, sellers can ensure their contract includes strong integration protections.

Frequently Asked Questions

Is an entire agreement clause enforceable?
Yes. Courts generally uphold integration clauses as long as the contract language is clear.

Does this clause prevent verbal agreements?
Yes. Only the written and signed contract terms are enforceable.

What if we forgot to include something we agreed on?
You must add it through a written addendum or amendment signed by both parties.

Is this clause the same as a merger clause?
Yes. “Entire Agreement Clause,” “Merger Clause,” and “Integration Clause” all mean the same thing.