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Q: I am the listing agent, and the seller requested the HOA packet from their CIC. The HOA replied that they will send the packet in its entirety within a week. However, they sent parts of the packet to the buyer and selling agent. That part of the packet was incomplete and only included a few things. 7 days later they sent the full packet. When did the rescission period begin?

A: This question comes up with some regularity, but § 55.1-2312 – Cancellation of contract by purchaser has the answer. Simply put, any part of the packet, in this case an incomplete one, starts the clock. So, the 3-day right of rescission started when the HOA sent the incomplete packet. However, remember that when the packet was sent that was day 0, so it is 3 calendar days after that.

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