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Developer Pinnacle Group registered a timeshare resort in Cape May, New Jersey under PREDFDA. A salesperson working for Pinnacle's in-house sales team signed a contract with buyer Thomas before providing him with the Public Offering Statement, intending to deliver it the following week. Under PREDFDA, what is the consequence of this sequence of events?

Correct Answer

D) Thomas has a seven-day right of rescission beginning from the date he actually receives the Public Offering Statement

Under PREDFDA (N.J.S.A. 45:22A-21 et seq.), the developer must provide the Public Offering Statement to the buyer, and the buyer's seven-day rescission period begins upon actual receipt of the POS — not upon contract signing. If the POS is delivered after the contract is signed, the seven-day clock starts running from the date of actual delivery. This protects buyers who did not have the POS available at the time of signing.

Answer Options
A
Thomas must file a complaint with the Division on Civil Rights within 30 days to preserve his rescission right
B
The contract is void and Pinnacle must re-register the development with the NJREC before resuming sales
C
The contract is voidable by Pinnacle but not by Thomas, since the developer controls the POS delivery
D
Thomas has a seven-day right of rescission beginning from the date he actually receives the Public Offering Statement

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Related Topics & Key Terms

Key Terms:

predfdapublic_offering_statementrescissiontimesharebuyer_protection

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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