Broker Jones had a listing to sell seller Smith's house. Broker Jones received an offer on the house and presented it to seller Smith who hesitated in accepting the offer. The broker promised Smith verbally to find Smith another suitable residence before escrow closed. On the basis of that, the seller accepted the offer. If broker Jones failed to perform during the time period, which of the following is most nearly correct?

A: Seller Smith could initiate a civil suit and the broker would be responsible for damages;
B: Since the promise was verbal, the broker has no liability;
C: If Smith files a complaint, broker Jones may be liable for criminal negligence;
D: Seller Smith may withdraw his acceptance of the offer without liability.

Answer: A: Seller Smith could initiate a civil suit and the broker would be responsible for damages;