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Mandated DisclosuresSeller_property_condition_disclosureEASY

Sandra is selling her single-family home in Fargo, North Dakota. She completes the required property condition disclosure statement and provides it to the buyer, Marcus, three days after he signs the purchase agreement. Marcus reviews the disclosure and discovers a foundation issue he considers material. Under NDCC Chapter 47-10.1, what right does Marcus most likely have at this point?

Correct Answer

A) Marcus may rescind the purchase agreement within a reasonable time after receiving the disclosure statement

Under NDCC Chapter 47-10.1, when a seller provides the disclosure statement after the buyer has already signed the purchase agreement, the buyer retains the right to rescind the agreement within a reasonable time after receiving and reviewing the disclosure. This protection exists precisely because the disclosure was not provided before the buyer's offer, ensuring buyers are not locked into contracts without meaningful opportunity to review property condition information.

Answer Options
A
Marcus may rescind the purchase agreement within a reasonable time after receiving the disclosure statement
B
Marcus must proceed with the transaction because he already signed the purchase agreement before disclosure
C
Marcus may only seek monetary damages from Sandra but cannot rescind the agreement
D
Marcus must submit a written objection to the North Dakota Real Estate Commission within five business days

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Related Topics & Key Terms

Key Terms:

seller_disclosurebuyer_rescissionlate_disclosurendcc_47_10_1purchase_agreement

Related Concepts

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

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