§508D-16 - Remedies; voidable contracts.
§508D-16 Remedies; voidable contracts.
(a) A buyer may elect to complete the purchase of residential real property
even if the seller fails to comply with the requirements of this chapter.
After recordation of the sale of residential real property, a buyer shall have
no right under this chapter to rescind the real estate purchase contract
despite the seller's failure to comply with the requirements of this chapter.
(b) When the buyer is provided a disclosure
statement prepared and delivered in accordance with this chapter and the buyer
decides to rescind the real estate purchase contract, the buyer shall not be
entitled to any damages but shall be entitled to the immediate return of all
deposits.
(c) In addition to the rights of rescission
granted to the buyer under this chapter, when the seller negligently fails to
provide the disclosure statement required by this chapter, the seller shall be
liable to the buyer for the amount of the actual damages, if any, suffered as a
result of the seller's negligence.
(d) In addition to the remedies allowed under
subsection (b) or (c), a court may also award the prevailing party attorney's
fees, court costs, and administrative fees. [L 1994, c 214, pt of §2; am L
1996, c 161, §16]