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Developer Coastal Group registered a planned real estate development in Monmouth County under PREDFDA. Buyer Elena received the Public Offering Statement and signed the contract on the same day. Three days later, she verbally told the developer's sales agent that she was rescinding. The developer claims the rescission is invalid because it was not made in writing. Separately, Elena's attorney argues that even if the verbal rescission is invalid, Elena should still be protected. Under PREDFDA, which of the following best describes the legal situation?

Correct Answer

A) The verbal rescission is invalid, but Elena can still rescind in writing within the remaining four days of the seven-day period

PREDFDA (N.J.S.A. 45:22A-21 et seq.) requires that the buyer's rescission be communicated to the developer, and while the statute contemplates written notice as the appropriate method, a verbal rescission that does not meet the statutory requirements does not permanently forfeit Elena's right. Since Elena is still within the seven-day rescission period (she verbally communicated on day 3 of 7), she can still deliver a proper written rescission notice within the remaining four days of the statutory window. The attorney's instinct to protect Elena is correct — she retains the right to rescind in writing before the period expires.

Answer Options
A
The verbal rescission is invalid, but Elena can still rescind in writing within the remaining four days of the seven-day period
B
The verbal rescission is valid only if the sales agent acknowledged it in writing within 24 hours of receiving the verbal notice
C
The verbal rescission is invalid and cannot be cured; Elena is bound by the contract because she failed to follow the required written notice procedure
D
The verbal rescission is valid under PREDFDA because the statute does not specify that rescission must be in writing, and Elena is within the seven-day period

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Related Topics & Key Terms

Key Terms:

predfdarescission_noticewritten_noticeseven_daysbuyer_rightsexpert_trap

Related Concepts

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

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