A seller in Lake Oswego, Oregon is selling a home built in 1975. She completes the Oregon Seller's Property Disclosure Statement and delivers it to the buyer after the purchase agreement is signed. The buyer receives the disclosure on a Friday. The disclosure reveals a history of oil tank removal from the property. The buyer wants to rescind the transaction. Assuming Saturday and Sunday are not business days, what is the absolute latest date and day the buyer can deliver written notice of rescission to the seller?
Correct Answer
B) The following Friday, because the rescission period is five business days from receipt
Oregon's seller-property-disclosure rescission window under ORS 105.475 is five business days from delivery of the disclosure statement. Counting five business days from Friday (excluding the weekend) ends on the following Friday.
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Related Concepts
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
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