Which of the following was the result on appeal in the case in the text,Gary W.Cruse and Venita R.Cruse v.Coldwell Banker/Graben Real Estate Inc.,in which the court considered whether the plaintiffs could prevail based on alleged misrepresentations by a salesman that a house was new when it was actually not new leading the plaintiffs to forego a home inspection?
A) That the realtor had merely engaged in sales talk when marketing the home as new which could not be relied upon by the purchasers.
B) That the plaintiffs were barred from proceeding because they knew that the home builder had occupied the house.
C) That the plaintiffs were barred from proceeding because they signed an "as-is" disclaimer.
D) That as a matter of law the plaintiffs were allowed to recover.
E) That a jury question was presented on whether the plaintiffs could have justifiably relied on the defendants' misrepresentation.

Question

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According to the court, "The evidence establishes that Graben Real Estate misrepresented a material fact and creates a jury question as to whether the Cruses could have justifiably relied upon this misrepresentation in deciding not to closely inspect the house before buying it."

Which of the Following Was the Result on Appeal in the Case