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Mandated DisclosuresSeller_disclosuresMEDIUM

Angela is buying a condominium unit in an existing condominium building in Cherry Hill, New Jersey from the original developer who still owns several unsold units. Angela's agent explains that two separate disclosure-related documents may be relevant to this transaction. Which combination of New Jersey statutes is most likely applicable to the sale of a developer-owned condominium unit in an existing registered development?

Correct Answer

C) Both PREDFDA (requiring a Public Offering Statement) and the New Jersey Condominium Act, which governs the rights of unit owners and association governance

When a developer sells units in a registered condominium development in New Jersey, PREDFDA (N.J.S.A. 45:22A-21 et seq.) requires the developer to provide a Public Offering Statement to the buyer, who has a seven-day right of rescission. Simultaneously, the New Jersey Condominium Act (N.J.S.A. 46:8B-1 et seq.) governs the legal framework of the condominium itself, including the master deed, common element ownership, association governance, and unit owner rights. Both statutes are relevant to a developer's sale of condominium units in New Jersey.

Answer Options
A
Only the New Jersey Residential Property Condition Disclosure Act, because the unit is residential property
B
Only PREDFDA, because the seller is the original developer and the units are part of a planned development
C
Both PREDFDA (requiring a Public Offering Statement) and the New Jersey Condominium Act, which governs the rights of unit owners and association governance
D
Neither statute applies because developer sales of condominium units are exempt from New Jersey disclosure requirements

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Related Topics & Key Terms

Key Terms:

PREDFDAcondominium_actdeveloper_salepublic_offering_statementcondominium_disclosure

Related Concepts

Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.

Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.

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.

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