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Q: I am the listing agent for a property located within a Homeowner’s Association. We received an offer to purchase and requested the Resale Disclosure Certificate from the Association to be delivered to the purchaser and his agent. The Association delivered its documents in an old format not in compliance with the Common Interest Community Board’s form. Does the purchaser’s time period to terminate the contract begin upon delivery of these documents, or can the purchaser wait for the proper from before the time starts? 

A: The Resale Disclosure Act provides that once the purchaser receives the Resale Disclosure Certificate, “whether or not complete,” the time period for termination agreed to by the parties begins. (VA Code § 55.1-2312.) Therefore, if the purchaser receives Association documents in improper form, those would be considered incomplete, but the time period for termination would still begin. The purchaser can certainly request the documents in proper form, but that does not extend the purchaser’s time period to terminate the contract.  

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