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A buyer in Virginia purchased a new condominium from the declarant and received the Public Offering Statement (POS) on a Monday. He signed the purchase contract that same Monday. Six calendar days later (the following Sunday), he decided he no longer wanted the unit and attempted to rescind the contract. Is he entitled to rescind under the Virginia Condominium Act?

Correct Answer

A) No, because the rescission window is the later of contract date or POS delivery plus five calendar days, which has expired.

Under Va. Code § 55.1-1974, a purchaser of a new condominium from the declarant may cancel the contract within five calendar days after the later of contract execution or POS delivery. Both events occurred on Monday, so the five-day window expired the following Saturday; rescinding on Sunday is too late.

Answer Options
A
No, because the rescission window is the later of contract date or POS delivery plus five calendar days, which has expired.
B
Yes, because the rescission window is seven calendar days from contract signing, and he is within that period.
C
No, because the right of rescission under the Virginia Condominium Act applies only to resale condominiums, not new sales from the declarant.
D
Yes, because he received the POS before signing the contract, which restarts the rescission clock at fourteen days from signing.

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Related Topics & Key Terms

Key Terms:

condominium_actrescission_rightpublic_offering_statementthree_day_windowPOS_delivery

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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