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The NJ Real Estate Commission approved the PREDFDA registration for Greenway Estates, a planned community in Burlington County. After approval, the developer makes significant changes to the development plan, including eliminating a promised community pool and increasing monthly association fees by 40%. Under PREDFDA, what obligation does this trigger for the developer?

Correct Answer

B) The developer must amend the Public Offering Statement and submit the amendment to the NJREC for approval before disclosing the changes to buyers

Under PREDFDA (N.J.S.A. 45:22A-21 et seq.), if a developer makes material changes to the development after the Public Offering Statement has been approved, the developer must amend the POS to reflect those changes and submit the amendment to the NJREC for review and approval. Material changes — such as eliminating promised amenities or substantially increasing association fees — must be disclosed through an amended POS before buyers can be informed and before sales of affected units can continue.

Answer Options
A
The developer must notify existing buyers of the changes but is not required to update the NJREC registration
B
The developer must amend the Public Offering Statement and submit the amendment to the NJREC for approval before disclosing the changes to buyers
C
The developer must offer all existing contract buyers the right to rescind their contracts due to the material changes
D
The developer must cancel the current NJREC registration and submit a completely new registration application

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Related Topics & Key Terms

Key Terms:

predfdamaterial_changespos_amendmentnjrecdeveloper_obligations

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