Aрpellants contend that the lower court erred in entering summary judgment because it believed the parol evidence rule removed all material factual issues from their trespass suit. We agree and reverse the order of the lower court.
On August 31, 1976, appellants, Joseph and Barbara Le-Donne, filed a second amended complaint 1 in trespass against appellees, George and Emily Kessler, in the Monroe County Court of Common Pleas. Appellants made the following pertinent allegations: On October 1, 1973, they purchased appellees’ house and surrounding property in Ross Township, Monroe County, in reliance on appellees’ fraudulent misrepresentations that the property had no water or sewer problems. In particular, appellees responded to specific questions by informing appellants that (a) the drainage problem in the septic system had been repaired, (b) the sundeck did not leak water, and (c) the cellar did not leak water; appellees deliberately made these false statements in order to induce appellants to execute the agreement of sale. Moreover, because appellees knew that appellants could not discover the defects through visual inspection of the premises, appellants depended upоn appellees’ good faith in making these assurances. When appellees preparéd the agreement *284 of sale, they fraudulently and intentionally omitted the representations concerning water and sewer problems. In reliance on appellees’ representations, appellants executed the agreement of sale and a deed. Shortly after appellants moved into their new house, the septic system backed up, and the sundeck and cellar started to leak water. As a result, appellants sustained serious damage to their rugs, sewing machine, and other unspecified personalty as well as the loss of the use of the sundeck and cellar. Appellants asked for damages in excess of $10,000.
Appellants also filed depositions in support of their complaint. Joseph LeDonne described in detail his inspections of appellees’ premises prior to execution of the agreement of sale. On one occasion, his wife’s father, a carpenter, accompanied him. Both LeDonne and the carpenter noticed black spots underneath the sundeck and on the plywood paneling in the garage directly beneath the sundeck; these spots, in the carpenter’s estimation, definitely suggested a water leakage problem. Joseph LeDonne questioned appellee, George Kessler, about the black spots; Kessler responded that although there had been a leak around the chimney, the problem had been corrected. When Joseph LeDonne, his father-in-law, and George Kessler inspected the premises outside the house, LeDonne specifically asked about the septic system. Kessler assured him that the septic system functioned properly, despite a small problem during the previous summer. Kessler showed LeDonne a four inch plastic pipe protruding from the ground; this pipe constituted part of the septic system. Kessler also pointed out a purported drainage fiеld which had been installed to correct the prior septic system problem. LeDonne observed that a portion of the ground had been backfilled and was now fairly smooth; instead of grass, shale covered this segment. LeDonne’s observations, coupled with Kessler’s representations, satisfied his apprehensions.
In her deposition, Barbara LeDonne confirmed the presence of black spots underneath the sundeck and on the plywood paneling in the garage; these spots made both *285 LeDonnes and her father suspicious of water leakage problems and prompted their inquiries to appellees. Mrs. Le-Donne also stated that an' inspection of the cellar, which immediately adjoined the garage, revealed damp conditions which again suggested a water leakage problem. These wet conditions triggered questions concerning possible water leakage problems; appellees again proffered reassuring answers.
On September 10, 1976, appellees filed preliminary objections in the nature of a demurrer to the second amended complaint as well as a motion for summary judgment. Both documents asserted that the parol evidence rule barred prosecution of appellants’ trespass suit. 2 In particular, ap-pellees relied upon paragraph number six of the agreement of sale: “The parties have full knowledge of the physical appearance of the land and buildings and of the value thereof and there are no verbal representations as to character or quality.” Also, the two page agreement stipulated that the parties had read its provisions before signing.
On March 21, 1977, the lower court held that the parol evidence rule prohibited oral testimony in contradiction of the statement in paragraph number six that “there are no verbal representations as to character or quality.” Without parol evidence of appellees’ alleged pre-agreemеnt oral misrepresentations, no material factual issues remained for the lower court’s resolution. Accordingly, the lower court ordered the prothonotary to enter summary judgment unless appellants filed another amended complaint within twenty days. Appellants declined this opportunity; instead, they petitioned the lower court to enter summary judgment so that an appeal could test whether the second amended complaint stated a cause of action. On May 13, 1977, the lower court granted summary judgment. This appeal followed.
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Appellants contend that the lower court erred in granting summary judgment on the basis of the parol evidence rule. Pa.R.Civ.P. 1035; 42 Pa.C.S. § 1035, authorizes the entry of summary judgment “. . .if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. . . . ”
See also Cercone
v.
Cercone,
Succinctly stated, the purpose of the parol evidence rule is “. . .to preserve the intеgrity of written agreements by refusing to permit the contracting parties to attempt to alter the import of their contract through the use of contemporaneous [or prior] oral declarations.”
Rose v. Food Fair Stores, Inc.,
“Where the alleged prior or contemporaneous oral representations or agreements concern a subject which is specifically dealt with in the written contract, and the written contract covers or purports to cover the entire agreement of the parties, 3 the law is now clearly and well settled that in *287 the absence of fraud, accident or mistake the alleged oral representations or agreements are merged in or superseded by the subsequent written contract, and parol evidence to vary, modify or supersede the written contract is inadmissible in evidence. Phillips Gas and Oil Co. v. Kline,368 Pa. 516 , 519,84 A.2d 301 ; Grubb v. Rockey,366 Pa. 592 ,79 A.2d 255 ; Walker v. Saricks,360 Pa. 594 ,63 A.2d 9 ; Gianni v. Russell & Co., Inc., [supra]; Speier v. Michelson,303 Pa. 66 ,154 A. 127 ; O'Brien v. O'Brien,362 Pa. 66 ,66 A.2d 309 ; Russell v. Sickles,306 Pa. 586 ,160 A. 610 .” See also Nicolella v. Palmer,432 Pa. 502 ,248 A.2d 20 (1968); United Refining Co. v. Jenkins,410 Pa. 126 ,189 A.2d 574 (1968); National Cash Register Co. v. Modern Transportation Co.,224 Pa.Super. 138 ,302 A.2d 486 (1973). 4
While our courts have applied the parol evidence rule in a wide variety of contexts, concentration upon cases involving agreements of sale and similar property transactions will expedite analysis of the rule’s application in the instant case. Fortunately, our Court, per PRICE, J., has recently undertaken a comprehensive review of these cases.
See National Building Leasing, Inc. v. Byler,
In
Bardwell v. The Willis Co.,
supra (hereinafter
Bard-well
), defendants leased property to the plaintiffs for use in plaintiffs’ bottling business. The written lease specifies that the lessees had examined the premises and found them to be in sound condition, that they had not received any warranty as to the condition or repair of the premises for the intended use, and that the lease contained the entire agreement between the parties. When the premises proved to be
*288
unsuitable for their bottling business, the lessees sued in trеspass. The complaint alleged that the defendants had orally represented that the premises would be fit for a bottling business, and that plaintiffs had entered into the lease in reliance on these representations. The complaint did not specify the particular defects which made the premises unusable. The lower court sustained the lessors’ preliminary objections in the nature of a demurrer, and the Supreme Court affirmed on the basis of the parol evidence rule. The Court emphasized that the alleged oral misrepresentations concerned matters fully and specifically covered in the integration clause of the written agreement. Observing that admission of the proffered parol evidence would make these contractual clauses worthless, the Court stated: “What is the use of inserting such clauses in agreements if one of the parties thereto is permitted to prove by oral testimony that he didn’t examine and wasn’t familiar with the premises or their condition, or that they would not meet the standards which plaintiffs require? There is no averment by plaintiffs that these clauses in the lease were inserted by fraud, accident or mistake; or (we repeat) that any representation was omitted by fraud, accident or mistake; or that the lease did not contain the entire contract and agreement between the parties. Merely bringing an action in trespass for deceit instead of in assumpsit for breach of contract will not suffice to circumvent the parol evidence rule. If plaintiffs relied on any understanding, promises, representations or agreements made prior to the execution of the written contract or lease, they should have protected themselves by incorporating in the written agreement the promises or representations upon which they now rely, and they should have omitted the provisions which they now desire to repudiate and nullify.”
In
Berger v. Pittsburgh Auto Equipment Co.,
In the instant case the lower court, relying upon
Pisiechko v. Diaddorio,
Our narrowing construction of paragraph six affords appellants some, but not total, relief. Appellants’ allegations, сoncerning the repair of the septic system do not contradict paragraph number six, but their allegations concerning the sundeck and cellar do conflict with this clause. Because the septic system was underground, appellants could not have *292 possessed full knowledge of its physical appearance and adequacy and could not have readily ascertained whether a drainage problem existed. They observed a purported drainage field, but this observation would not reasonably put them on notice that the subterranean septic system still malfunctioned. Indeed, the opposite inference would be more logical. Beсause appellants could not discern through visual inspection alone the existence of the septic system problem of which they now complain, the wording of paragraph six does not bar the admission of evidence of appel-lees’ alleged misrepresentations concerning septic system problems. See Highmont, supra; Berger, supra. 9
Appellants’ allegations concerning the sundeck and cellar stand on a different footing. Their depositions reveal that when they inspected these locations, they discovered the very conditions involved in the alleged oral misrepresentations. Their inspection revealed black spots underneath the sundeck and оn plywood panels in the garage and a dampness in the cellar which strongly suggested the existence of water leakage problems. Despite this knowledge of the physical appearance of the sundeck and cellar, they signed an agreement stipulating that they had received no verbal representations as to the condition or quality of these areas. Therefore, we conclude that paragraph six precludes oral testimony of pre-agreement representations concerning the quality and condition of the sundeck and cellar. '
Alternatively, appellants contend that even if evidence of oral representations concerning the sundeck and the cellar would contradict the wording of paragraph six of the sale agreement, their allegation that these representations in
*293
duced them to enter into the contract sufficed to render the parol evidence rule inapplicable. In
Byler,
our Court stated: “ . . . [E]vidence that one of the parties was induced to enter the contract through fraud or misrepresentation is not barred by the parol evidence rule.” Supra,
The instant case presents facts materially different from Byler and demonstrates why mechanical application of Byler’s abstract principle in this case would be inappropriate and, to the contrary, would undermine the policies underlying the parol evidence rule. Here, appellants’ inspection of the premises revealed the very problem which they now protest: water leakage in the sundeck and cellar. At the time of executing the agreement of sale, appellants had every reason to insist upon contractual protection against this readily discernible threat. Indeed, even accepting their allegation that these assurances induced them to enter the contract, appellants were particularly imprudent not to insist upon written contractual protection. Instead, appellants signed an agreement in which they explicitly waived their right to rely upon any oral representations they may have received concerning the condition or quality of the physical premises. In short, appellants’ allegation that misrepresentations concerning the sundeck and cellar induced the agree *294 ment of sale has little functional relevance in the instant case. If we seriously desire to preserve the integrity of written contracts, Rose v. Food Fair Stores, Inc., supra; Gianni v. R. Russell & Co., supra, then we must insist upon the application of the parol evidence rule when a party knows about the existence of substantial problems, yet contractually stipulates that he has received no promises about these problems. Rather then rigidly apply the principle of Byler and allow circumvention of the substantive policies of the parol evidence rule by pleading niceties, we should balance the extent of the party’s knowledge of objectionable conditions derived from a reasonable inspection against the extent of the coverage of the contract’s integration clause in order to determine whether that party could justifiably rely upon oral representations without insisting upon further contractual protection or the deletion of an overly broad integration clause. 10 In the case at bar, appellants actually detected the existence of water problems in the sundeck and cellar, but nevertheless signed a contract stipulating that they received no representations concerning these ostensible defects. Consequently, appellants have failed our test.
Even if our Court decides that a bare allegation of fraudulent inducement is insufficient to nullify the parol evidence rule in the instant case, appellants contend that another of their averments defeats the rule’s application: allegedly, appellees fraudulently
omitted
the oral representations concerning the sundeck and cellar from the agreement of sale. Again, case language, read outside of a particular factual matrix, supports appellants’ contention in
*295
the abstract; again, this language would vitiate the parol evidence rule if applied blindly to the instant case.
Bard-well,
does state that “ . . . [fraudulent misrepresentations may be proved to modify or avoid a written contract if it is averred and proved that they were omitted from the (complete) written contract by fraud, accident or mistake.” Supra
Recapitulating: the parol evidence rule bars oral testimony in contravention of paragraph six of the agreement of sale designed to show that appellees misrepresented water leakage problems connected with the cellar and sundeck. Appellants’ inspection of the premises revealed the existence of these problems, yet appellants refused to insist upon contractual protection and, to the contrary, expressly waived all right to rely upon oral assurances. However, inspection of the premises could not have adequately disclosed the allegedly deficient state of repair of the septic system. Accordingly, paragraph six cannot be construed to bar testimony or oral representations concerning this condition. Therefore, we reverse the order of the lower court denying summary judgment and remand for proceedings consistent with this opinion. 11
*297 Order reversed and case remanded for proceedings consistent with this opinion.
Notes
. The lower court had sustained preliminary objections in the nature of a demurrer to appellants’ two previous complaints, but allowed appellants an opportunity to amend their complaint each time.
. In thеir answer filed in response to appellants’ original complaint, appellees also denied that appellants ever asked specific questions concerning water or sewer problems or that appellees made any representations in response. Appellees also averred that any water or sewer problems presently plaguing appellants’ property did not arise until after appellants took possession of the property.
. “The parol evidence rule, generally speaking, does not apply to receipts, letters, statements or books of account and other writings which do not purpоrt to be a complete contract or vest or extinguish a legal right.
Wagner v. Marcus,
. This statement of the rule and the substantive policies which inform it makes clear that the name “parol evidence rule” is a misnomer. Rather than an exclusionary rule of evidence, the rule in fact concerns substantive contract law. See
Rempel v. Nationwide Life Ins. Co.,
. In Byler, we stated that the facts of Bardwell and Berger could not be materially distinguished. Upon re-examination of these cases, we now perceive significant difference. In Bardwell, the contract expressly provided that the lessees had inspected the premises and had not received any warranties as to the fitness of the premises for the intended use. Nevertheless, the lessees’ trespass complaint alleged only that the lessor had represented that the premises were fit for the intended use; the lessees did not particularize their complaint and, thus, did not allege that the purported defects in the premises could not be discovered by a reasonable inspection. In short, the contractual integration clause in Bardwell covered precisely the problem about which the lessees later complained and explicitly negated the existence of any relevant representations. In Berger, by contrast, the contractual integration clause only covered conditions reasonably apparent from an inspection of the premises. The lessee contended that the particular defect in the premises — the strength of the flooring — could not be discovered by visual inspection, but required expert testimony. The integration clause and the allegations in the complaint in Berger, therefore, did not share the same congruence as the integration clause and allegations in Bardwell. For the signifi- *290 canee of this factual variance between the two cases, see note 10 and accompanying text, infra.
. Highmont involved facts and analysis identical in all material respects to Berger.
. We note that, contrary to our statement in Byler, the lessees in Bardwett did allege that they entered into the lease in reliance upon the lessors’ fraudulent misrepresentations. Consequently, the diffеrence in result and analysis in Bardwett and Berger cannot be explained solely on the basis of a failure to allege fraudulent inducement in Bardwett, but not Berger.
. Contrast the broad integration clause in
Pisiechko v. Diaddorio,
supra, upon which the lower court erroneously relied in construing paragraph six: “THIS AGREEMENT contains the whole agreement between the parties hereto and there are no other terms, obligations covenants, representations, statements or conditions oral or otherwise, of any kind whatsoever.” Supra at 303,
. Compare the Supreme Court’s observation in Berger: “. . .in the present case, defendant could not have been expected, nor would it have been practically feasible for it, to make tests of the strength of the flоoring, a condition which could have been ascertained only by an expert engineer. This is especially true in view of defendant’s testimony that plaintiffs agent had pointed out steel beams and posts which he claimed had been recently installed for the purpose of strengthening the floor, with the further assurance that he himself had used the premises in the past for the storage of heavy furnaces arid equipment.” Supra
. This model harmonizes the results in Bardwell, Berger, and Byler. In Bardwell, the integration clause explicitly denied the existence of the representation which the lessees later attempted to invoke. The lessees could not justifiably rely upon prior oral representations, yet sign a contract dеnying the existence of these exact representations. Thus, Bardwell’s requirement that the lessees allege fraud, accident or mistake in the execution of the contract made good sense under the circumstances of that case. In Berger and Byler, the contract clause did not deny the existence of any representation concerning the subsequently discovered latent defect. Thus, an allegation of fraud in the inducement of the contract rather than in its execution logically sufficed to render the parol evidence rule inapplicable.
. Appellants have not contended at any time that the parol evidence rule does not apply to this suit because they sued in trespass rather than assumpsit.
See Rempel v. Nationwide Life Ins. Co.,
supra. But see
Bardwell,
supra. Therefore we will not consider the applicability of
Rempel
to the instant case.
See Dilliplaine v. Lehigh Valley Trust Co.,