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Residential TradingNew ConstructionONMEDIUM

A buyer's purchase agreement lets her choose her kitchen flooring, and she made her selection on time. The builder then sends written notice that her chosen flooring is unavailable. Under Regulation 892, what happens next?

Correct Answer

D) She has 7 days to reselect; otherwise the builder chooses equal or better quality

Regulation 892 s. 18 bars the builder from substituting a selected item without the buyer's written consent, except where the item is unavailable and the buyer does not reselect within seven days of written notice. If she fails to reselect, s. 18(3) requires the builder to choose an item of equal or better quality than the original selection.

Answer Options
A
The builder may install any flooring it chooses, as long as it notifies her in writing
B
She must accept a cash credit for the flooring instead of a new selection
C
The agreement ends, and her deposit must be refunded within 10 days
D
She has 7 days to reselect; otherwise the builder chooses equal or better quality

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Key Terms

substitutionsselected itemsRegulation 8927 daysequal or better quality
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