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Pa Seller DisclosureSeller_disclosure_68pacs7301MEDIUM

In a Pennsylvania transaction, a seller provides the Disclosure Statement before the buyer signs the agreement. The buyer reviews it and then signs the agreement. Three weeks later, the buyer wants to rescind based on information in the original disclosure. Under 68 Pa.C.S. §7305, can the buyer rescind?

Correct Answer

D) No, because the 10-day rescission right only applies when the disclosure is provided after the agreement is signed

Under 68 Pa.C.S. §7305, the 10-day rescission right only applies when the disclosure is provided after the buyer has signed the agreement of sale. If the buyer received the disclosure before signing, the buyer had the opportunity to review it and decided to proceed, so no statutory rescission right applies.

Answer Options
A
Yes, the buyer always has 10 days from signing the agreement to rescind
B
Yes, but only if the buyer discovers new defects not listed on the disclosure
C
No, because the buyer must rescind within 48 hours of signing the agreement
D
No, because the 10-day rescission right only applies when the disclosure is provided after the agreement is signed

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Related Topics & Key Terms

Key Terms:

rescission_righttimely_disclosureno_rescission68_pacs_7305

Related Concepts

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

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