Special offer

When does the 3 day HOA right of rescission kick in?

By
Real Estate Broker/Owner with DROdio Real Estate, Inc

A client asked us:

> My understanding is that I can cancel the agreement within 3
> days after receiving the association disclosure packet. Or does
> this 3 days begin if and when I sign a ratified contract?

Here is the answer we got from the legal counsel of the Virginia Association of Realtors:

The Act is explicit: “The purchaser may cancel the contract (i) within
three days after the date of the contract, if on or before the date that
the purchaser signs the contract, the purchaser receives the association
disclosure packet ….” (Section 55-511C)

Full ratification starts the clock ticking.

The point of the Act in this regard is exactly this kind of situation:
Where the packet is given with no deal attached, before there’s even a
contract. So no matter when the packet is given, if it’s given before
contract, the purchaser has three days after contract.

Andy Werner, Jr.
RE/MAX Realty Group - Gaithersburg, MD
Real Estate, Gaithersburg, MD,
Daniel - In MD the timeframe is 5 days for a HOA and 7 days for a condo association. Both time periods start once you receive the documents. So, it behooves the listing agent to get the package to the buyer A SAP. It's a "Get Out Of Jail Free Card". Good news to know for VA. Thanks for the info.
Sep 12, 2007 03:35 PM
Matthew Rosov
Amerisave Mortgage Corporation - Laurel, MD
Certified Mortgage Planning Specialist
Excellent information!  Something I did not know but is very key when giving loans to such folk.  Thanks.
Sep 17, 2007 05:21 AM