A buyer purchased a newly constructed house from a builder for use as a residence. The buyer did not perform an inspection of the house prior to the purchase. Neither the contract nor the deed contained any warranties as to the condition of the house. Six months later, during a heavy downpour, the basement flooded. Since that time, whenever there has been a substantial rain, there has been water in the basement. The source of the problem has been identified as several cracks in the foundation wall that surrounds the basement. An expert hired by the buyer has opined that the cracks formed due to settling after the home was built and could have been prevented by adherence to proper construction methods. The builder has repeatedly refused to address the problem. Just before the first anniversary of the purchase, the buyer filed suit against the builder for the defective foundation wall and the resulting damages. There are no applicable state statutes that address the issue. Who will prevail