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Mandated DisclosuresSeller_disclosure_statement_requirementsMEDIUM

Patricia receives the seller disclosure statement for a home she is purchasing in Columbia, Missouri. Upon reviewing it, she discovers that the seller disclosed a history of roof leaks that were not mentioned during the showing. Patricia wants to cancel the purchase contract. Under the Missouri Seller Disclosure Act, which of the following best describes her right to rescind?

Correct Answer

D) Patricia may rescind the contract if she delivers written notice to the seller before she signs a written acknowledgment of receipt or within a specific rescission period provided under the statute.

Under the Missouri Seller Disclosure Act (RSMo § 339.730 et seq.), after receiving the disclosure statement, the buyer has the right to rescind the contract by delivering written notice to the seller before the buyer signs a written acknowledgment of receipt of the disclosure or within the rescission period provided under the statute. The buyer's right to rescind is tied to the delivery and acknowledgment process established by Missouri law, not simply a fixed 24-hour or 72-hour window.

Answer Options
A
Patricia may rescind the contract only if she notifies the seller within 24 hours of receiving the disclosure statement.
B
Patricia may rescind the contract within a reasonable time after receiving the disclosure statement, as determined by a court.
C
Patricia may rescind the contract within the time period specified in the purchase contract, which must be at least 72 hours.
D
Patricia may rescind the contract if she delivers written notice to the seller before she signs a written acknowledgment of receipt or within a specific rescission period provided under the statute.

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Related Topics & Key Terms

Key Terms:

seller_disclosurebuyer_rescissionwritten_acknowledgmentRSMo_339

Related Concepts

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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