Ben is looking to purchase a used snowmobile. Heather, a salesperson at the local dealership, tells him the snowmobile he is looking at was only driven once a year on Christmas day. Ben is impressed to find a snowmobile that was used so little and decides to buy it. The sales contract states that there were no claims made other than those contained in the written contract. Later that year the snowmobile breaks down. When Ben discovers from his mechanic that the snowmobile had been used extensively before his purchase, he wants to sue Heather. Assume there is a provincial consumer protection statute prohibiting exaggerated claims, can he do so?

No, because Heather believed her statement

No, because the contract states no oral claims were made

Yes, because Heather made a false statement that is part of the contract

Yes, because anything said in negotiations is always a term of that contract

No, because Heathers claims were not a term in the written contract