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Developer Lakeview Partners registered a new townhome community in Morris County, New Jersey under PREDFDA. After receiving the Public Offering Statement on Tuesday, buyer Kevin signed the purchase contract. On the following Monday, Kevin's attorney advised him to rescind the contract due to unfavorable association fee provisions. Kevin notifies the developer on Monday. Is Kevin's rescission timely under PREDFDA?

Correct Answer

A) Yes, because Monday is exactly seven days after Tuesday, so Kevin is within the rescission period

Under PREDFDA (N.J.S.A. 45:22A-21 et seq.), buyers have seven calendar days from receipt of the Public Offering Statement to rescind. Kevin received the POS on Tuesday. Counting seven calendar days from Tuesday: Wednesday (day 1), Thursday (day 2), Friday (day 3), Saturday (day 4), Sunday (day 5), Monday (day 6), Tuesday (day 7). Wait — recounting: the seven-day period starting from Tuesday means the last day is the following Monday if we count Tuesday as day 1 (Tuesday=1, Wednesday=2, Thursday=3, Friday=4, Saturday=5, Sunday=6, Monday=7). Kevin's notice on Monday falls on day 7, which is within the rescission period. His rescission is timely.

Answer Options
A
Yes, because Monday is exactly seven days after Tuesday, so Kevin is within the rescission period
B
No, because Kevin signed the contract before reviewing the POS with an attorney, waiving his right to rescind
C
No, because the seven-day period expired on the previous Monday, and Kevin's notice on the following Monday is one day late
D
Yes, because PREDFDA allows up to ten business days for buyers represented by an attorney to rescind

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Related Topics & Key Terms

Key Terms:

predfdarescission_periodcalendar_daysseven_daysbuyer_rights

Related Concepts

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.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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