Developer and Owner contract to develop and sell Owner’s land as an upscale subdivision built around a golf course. The development agreement includes the construction of a model home, which the contract provides will pass to Owner’s Daughter when all of the other lots in the subdivision are sold. The agreement also requires Daughter to assent to receiving the model home by signing a waiver relieving Developer of any liability for defects in the construction of the model home. Developer asks Daughter to choose the carpet and paint colors for the model home, and Daughter sends a thank you note to Owner. If the deal between Developer and Owner falls through, Daughter will:
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