Disclaimer of Oral Agreements

The loan file should include a Disclaimer of Oral Agreements for loans in excess of $50,000. Both the borrower and the Bank must sign a Disclaimer of Oral Agreements to avoid the borrower later claiming the existence of “side deals” [Tex. Bus. & Com. Code Ann. Appendix § 26.02].  The Bank should also post a Notice to Borrowers informing customers of this right.  Sample forms are located at the end of this Chapter.