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Mandated DisclosuresSeller_disclosuresMEDIUM

A developer in Ocean County, New Jersey begins advertising and accepting reservations for units in a new timeshare development before registering with the New Jersey Real Estate Commission or providing any Public Offering Statements. Under the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA), which statement most accurately describes the developer's legal position?

Correct Answer

B) The developer has violated PREDFDA because registration and NJREC approval must occur before any marketing or sales activity.

Under N.J.S.A. 45:22A-21 et seq. (PREDFDA), a developer must register with the NJREC and obtain approval before engaging in any marketing, advertising, or sales activity related to a planned real estate development, condominium, cooperative, or timeshare. The statute requires registration and NJREC approval as a prerequisite to any public offering, including advertising and taking reservations. Beginning these activities without prior registration is a violation of PREDFDA.

Answer Options
A
The developer's actions are permissible because reservations are not legally binding sales contracts.
B
The developer has violated PREDFDA because registration and NJREC approval must occur before any marketing or sales activity.
C
The developer must register within 30 days of beginning marketing but may continue accepting reservations in the interim.
D
The developer is only required to register if the development has more than ten units available for sale.

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Related Topics & Key Terms

Key Terms:

PREDFDAdeveloper_registrationNJRECtimesharepre_marketing_requirement

Related Concepts

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

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