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A licensed New Jersey broker, Kevin, is representing the seller of a condominium unit in a 200-unit complex in Middlesex County. The buyer's agent requests that the condominium association provide a resale certificate before the closing date. The association delays, and the resale certificate is not delivered until two days before closing. The buyer, concerned about a large unpaid special assessment listed in the certificate, wants to withdraw from the transaction. Kevin tells the buyer that the resale certificate is purely informational and that the buyer has no right to cancel based on its contents. Which of the following BEST describes Kevin's statement?

Correct Answer

C) Kevin is incorrect, because the buyer may have contractual or equitable grounds to withdraw if material information in the resale certificate was not disclosed earlier in the transaction.

Kevin's blanket statement that the buyer has no right to cancel is incorrect and potentially harmful advice. While the NJ Condominium Act does not automatically grant a statutory right of rescission based solely on the contents of a resale certificate (unlike PREDFDA's seven-day right for new developments), a buyer may have contractual grounds to withdraw if the purchase contract included contingencies related to the resale certificate review, or equitable grounds if material information—such as a large undisclosed special assessment—was not known to the buyer before signing the contract. A prudent broker should advise the buyer to consult with an attorney rather than making the blanket statement that no cancellation right exists.

Answer Options
A
Kevin is correct, because the resale certificate is a disclosure document only and does not grant the buyer any independent right to cancel the contract.
B
Kevin is incorrect, because New Jersey law requires the resale certificate to be delivered at least ten days before closing, and a late delivery automatically voids the contract.
C
Kevin is incorrect, because the buyer may have contractual or equitable grounds to withdraw if material information in the resale certificate was not disclosed earlier in the transaction.
D
Kevin is correct, because only the seller has the right to cancel a transaction based on information revealed in the resale certificate.

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Related Topics & Key Terms

Key Terms:

resale_certificatecondominium_actbuyer_rightsbroker_liabilitymaterial_disclosurenjsa_46_8b

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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