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Ga Community AssociationAssociation_documents_disclosures_and_resale_issuesMEDIUM

A Georgia condominium seller requests a resale certificate from the association, but the association takes 21 days to deliver it. The purchase contract includes a 10-day document review period that began when the contract was executed and has already expired. What is the most likely outcome regarding the buyer's review rights?

Correct Answer

B) The buyer receives a new review period starting from receipt of the complete resale certificate.

Under O.C.G.A. § 44-3-111, the association is required to provide the resale certificate, and the buyer's right to review that certificate is a substantive protection. When the association's delay prevents the buyer from exercising their review rights within the original contractual period, the buyer's review period restarts upon actual receipt of the complete resale certificate. Standard Georgia real estate contracts (such as the GAR contract) typically provide that the review period runs from the date the buyer actually receives the required documents, not from the contract execution date, ensuring the buyer is not deprived of review rights due to circumstances beyond their control.

Answer Options
A
The buyer must accept the late documents and proceed with closing without a review period since the contractual deadline has passed.
B
The buyer receives a new review period starting from receipt of the complete resale certificate.
C
The buyer may request a 5-day extension but cannot receive a full new review period under Georgia law.
D
The seller must renegotiate the contract terms because the original review period was not fulfilled through no fault of the buyer.

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Related Topics & Key Terms

Key Terms:

document_review_periodassociation_delaysbuyer_rights
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