Mickinzy is a young professional looking to purchase her first home. Travis is the Trustee of the Sierra Trust which was formed by his late uncle, and the Trust holds a parcel of real property which is up for sale. Mickinzy and Travis decide to negotiate the purchase and sale of the parcel of property without using a broker in an effort to keep her costs low. As part of the sale, Mickinzy waived the right to an inspection and initialed next to this waiver in writing. Travis never lived in the property and was unsure what defects, if any actually existed with the nearly 80-year-old house.

After purchasing the home, Mickinzy discovers that there is toxic mold in the walls, which was not mentioned in the purchase and sale agreement by Travis when selling the property. Mickey (Plaintiff) sues Travis (Defendant) for monetary damages in California Superior Court for failing to disclose a material defect with the property. Who wins, and why?

Group of answer choices

a. Plaintiff wins for the material misrepresentation of not disclosing toxic mold, however, they will only receive a non-monetary remedy of voiding the contract rather than monetary damages

b. Plaintiff wins for the failure to disclose a material defect and will receive monetary damages in the form of a price reduction to the property

c. Defendant wins because material defects do not need to be disclosed in an “as-is” sale

d. Defendant wins because Plaintiff expressly waived their right to an inspection

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