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Residential TradingCondominium AgreementsONEASY

After a buyer's cooling-off period has passed, the declarant changes the project in a way that a reasonable purchaser would regard as material to the decision to buy. What does the Condominium Act, 1998 provide?

Correct Answer

C) The declarant must give a revised disclosure statement, and the buyer may rescind within 10 days

Section 74(1) of the Condominium Act, 1998 requires the declarant to deliver a revised disclosure statement or notice whenever a material change occurs. Under s. 74(6), the buyer may rescind within 10 days of receiving it, or of learning of an undisclosed material change, before accepting a deed, and s. 74(9) requires a refund with interest.

Answer Options
A
The buyer has no remedy, because the original 10-day rescission period has already ended
B
The buyer may claim damages but can never rescind the signed agreement of purchase and sale
C
The declarant must give a revised disclosure statement, and the buyer may rescind within 10 days
D
The declarant may change the plans freely, because the declaration has not yet been registered

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Key Terms

material changesection 74revised disclosure statementrescission
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