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A salesperson at Oceanview Realty is helping a client purchase a resale condominium unit from an individual owner in Atlantic City, New Jersey. The individual owner purchased the unit years ago from the original developer. Does PREDFDA require the individual owner to provide a Public Offering Statement to the buyer?

Correct Answer

C) No, PREDFDA's Public Offering Statement requirement applies to developers selling new units, not to individual owners reselling previously purchased units

PREDFDA (N.J.S.A. 45:22A-21 et seq.) imposes the Public Offering Statement requirement on developers selling units in new planned real estate developments. When an individual owner resells a previously purchased condominium unit, PREDFDA's POS requirement does not apply to that individual seller. The resale transaction may be subject to other disclosure requirements (such as the Residential Property Condition Disclosure Act), but PREDFDA's POS obligation is a developer-level requirement for new development sales.

Answer Options
A
Yes, all condominium sellers in New Jersey must provide a Public Offering Statement under PREDFDA regardless of whether they are the original developer
B
Yes, but only if the unit was originally sold within the last five years of the current resale transaction
C
No, PREDFDA's Public Offering Statement requirement applies to developers selling new units, not to individual owners reselling previously purchased units
D
No, because Atlantic City condominiums are exempt from PREDFDA due to the Casino Control Act

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Related Topics & Key Terms

Key Terms:

predfdaresale_condominiumpublic_offering_statementdeveloper_obligationindividual_seller

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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