Escrow & TitleIntermediateNorth Carolina Exam

Under the NC Residential Property Disclosure Act, a buyer who received the disclosure but waived their right to rescind by signing a waiver:

ACan still sue the seller for unknown defects after closing
BHas waived the right to rescind but not the right to pursue remedies for misrepresentation or fraudCorrect
CHas permanently waived all rights related to the property's condition, under the applicable standard
DHas no further remedies regarding the property's condition

Why Has waived the right to rescind but not the right to pursue remedies for misrepresentation or fraud Is Correct

Answer B: Has waived the right to rescind but not the right to pursue remedies for misrepresentation or fraud

Signing a disclosure receipt or waiver does not prevent a buyer from pursuing legal action if the seller committed fraud, misrepresentation, or concealed known defects — only the rescission right is affected.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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