Before putting her home up for sale, a homeowner painted the living room ceiling to conceal major water damage caused by a leaking roof that had not yet been repaired. On the first day the home was offered up for sale, the homeowner gave the buyer a personal tour. The homeowner made no statement at all regarding the water damage or the defective roof. Without discovering the damage, the buyer purchased the home for $400,000. Before closing the buyer discovered the damage worth $42,000. The buyer refused to purchase. If the homeowner sues the buyer for breach of contract is the homeowner likely to prevail?
(a) No, because no contract was formed since the buyer did not have a real opportunity to understand the essential terms of the contract.
(b) No, because the homeowner concealed evidence of the water damage and of the leaking roof.
(c) Yes, because the homeowner made no affirmative statements of fact about the water damage or the leaking roof.
(d) Yes, because the buyer acted unreasonably by failing to employ an inspector to conduct an independent inspection of the home.