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.
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Related Topics & Key Terms
Key Terms:
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.
More Pa Seller Disclosure Questions
A Pennsylvania seller is selling a home built in 2005. Must the seller provide a federal lead paint disclosure to the buyer?
Under Pennsylvania's seller disclosure law, which of the following statements about the Seller's Property Disclosure Statement is correct?
Under the federal Lead-Based Paint Hazard Reduction Act as applied in Pennsylvania, the lead paint disclosure requirement applies to all of the following transactions EXCEPT:
A Pennsylvania homeowner transfers his property to his ex-wife as part of a court-approved property settlement two years after their divorce was finalized. Under 68 Pa.C.S. §7304, is this transfer exempt from the disclosure requirement?
Under 68 Pa.C.S. §7304, which of the following transfers is exempt from Pennsylvania's seller disclosure requirement?
- → A Pennsylvania seller sells a mixed-use property that has a ground-floor commercial space and a second-floor residential apartment. The buyer intends to use both portions. Under the PA Seller Disclosure Law, what is the seller's disclosure obligation?
- → A Pennsylvania seller is selling their primary residence in a standard transaction. The seller tells the listing agent that they heard from a neighbor that the property might be in a flood zone, but the seller has never experienced flooding and has no documentation. Under 68 Pa.C.S. §7303, how should the seller complete the flood-related question on the disclosure?
- → A Pennsylvania seller had their home tested for radon and the result was 2.5 pCi/L, which is below the EPA action level of 4.0 pCi/L. Must the seller disclose this test result?
- → A Pennsylvania seller's property was previously used for dry cleaning operations before being converted to residential use. The seller is aware that perchloroethylene (PERC), a common dry cleaning solvent, was used on site. The PA DEP classified the site as a brownfield but issued a final cleanup letter under Act 2 (Land Recycling Program). Must the seller disclose this history?
- → A Pennsylvania seller knows that an underground storage tank (UST) was removed from the property five years ago, and the PA DEP issued a closure letter confirming no contamination. Must the seller disclose the UST history on the Property Disclosure Statement?
- → A Pennsylvania seller is selling a manufactured home that is permanently affixed to a foundation on land the seller also owns. Under 68 Pa.C.S. §7301, is the Seller's Property Disclosure Statement required?
- → A seller in Pennsylvania provides the lead paint disclosure form but forgets to include the EPA pamphlet when selling their 1970 home. Has the seller satisfied the federal lead paint disclosure requirements?
- → In Pennsylvania, what is the primary health concern associated with lead-based paint in residential properties?
- → Under federal law, what pamphlet must be provided to buyers of pre-1978 homes in Pennsylvania?
- → In Pennsylvania, the lead paint disclosure form for a pre-1978 home sale must be signed by which parties?
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Previous Question
A seller in Pennsylvania is completing the Seller's Property Disclosure Statement. For a question about the property's water source, the seller selects 'public water.' Which of the following accurately describes the nature of this response?
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A Pennsylvania seller received a Notice of Violation from the local municipality for an unpermitted deck addition, but had the violation resolved and the deck properly permitted before listing the home. Must the seller disclose the prior violation on the Property Disclosure Statement?
