Kang

This is an appeal after a judgment entered in favor of defendants Hee Duk Kang and Inja Kang (hereafter, collectively, Kang), who purchased an apartment complex from plaintiffs EPA Real Estate Partnership and Jack Horton (a partner of EPA Real Estate Partnership) (hereafter, collectively, EPA). On appeal, EPA contends the trial court misapplied the parol evidence rule to exclude evidence of a prior agreement whereby Hee Duk Kang had promised to indemnify EPA if it should incur liability to the listing agent for selling the property during the listing period. As we explain below, we conclude the trial court did not err in excluding this evidence.

Background

EPA owned Grand Security, an apartment complex in East Palo Alto. In early June 1988, EPA signed a listing agreement with Feher Young and Associates Commercial Brokerage, Ltd. (hereafter, Feher Young) to sell Grand Security for $2.5 million. The listing agreement, which expired at midnight on August 15, 1988, contained a provision entitling Feher Young to a 6 percent commission if EPA sold or contracted to sell the property within the listing period.

On July 18,1988, Hee Duk Kang submitted a written offer directly to…