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Patricia signed a contract to buy a condominium unit in a new planned real estate development in Jersey City. The developer provided her with the Public Offering Statement on Monday. On the following Saturday — five days later — Patricia decided she did not want to proceed and notified the developer in writing. Under the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA), what is the result?

Correct Answer

A) Patricia has validly rescinded because she acted within the seven-day rescission period

Under the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA, N.J.S.A. 45:22A-21 et seq.), a buyer has seven calendar days after receiving the Public Offering Statement to rescind the purchase contract without penalty. Patricia received the POS on Monday and gave written notice on Saturday — five days later — which is within the seven-day window. Her rescission is valid and she is entitled to a full refund of any deposits paid.

Answer Options
A
Patricia has validly rescinded because she acted within the seven-day rescission period
B
Patricia has lost her rescission right because the five-day period under the Disclosure Act has expired
C
Patricia may rescind only if she can demonstrate a material defect in the Public Offering Statement
D
Patricia's rescission is invalid because only the developer may initiate contract cancellation under PREDFDA

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Related Topics & Key Terms

Key Terms:

PREDFDArescission_rightpublic_offering_statementseven_day_period

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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