Broker Young, as an agent, showed a property to James. James signed a deposit receipt which contained the following words: "Buyer to accept the property in an 'as is' condition." Broker Young knew that the plumbing in the property was in a major state of disrepair with parts missing, but he did not tell James. The problem with the plumbing would not be apparent to an ordinary, prudent person. If James sued the seller for damages for fraud, the court suit would probably be:

A: Unsuccessful because the 'as is' provision in the deposit receipt shows that there is a mutual understanding of possible defects;
B: Unsuccessful because the deposit receipt specifically states "Buyer to accept the property in an 'as is' condition";
C: Successful because the duty to disclose a material fact cannot be avoided by an 'as is' provision under the stated circumstances;
D: Successful because 'as is' refers only to obvious defects.

Answer: C: Successful because the duty to disclose a material fact cannot be avoided by an 'as is' provision under the stated circumstances;