(a) General rule.--In
cases where delivery of a public offering statement is required under section
3401 (relating to applicability; waiver), a declarant shall provide a purchaser
of a unit with a copy of the public offering statement and all amendments
thereto not later than the date the purchaser executes the contract of sale
for such unit or, if no contract of sale is executed, 15 days before conveyance
of such unit. Unless a purchaser is given the public offering statement,
including all the currently effective amendments thereof, within the time
period referred to in the preceding sentence, the purchaser, before conveyance,
may cancel the contract within 15 days after first receiving the public
offering statement and all currently effective amendments thereof, except
in the case of the sale of a time-share estate. Unless a purchaser of a
time-share estate is given the public offering statement, including all
the currently effective amendments thereof, more than seven days before
the purchaser executes the contract for the purchase of such unit or, if
no contract of sale is executed, seven days before conveyance of such unit,
the purchaser, before conveyance, may cancel the contract within seven days
after first receiving the public offering statement and all currently effective
amendments thereof. If a public offering statement is amended after the
public offering statement has been received by a purchaser of a unit, the
amendment shall be provided to the purchaser promptly after it becomes effective,
and, if the amendment materially and adversely affects the rights or obligations,
or both, of the purchaser, then the purchaser, before conveyance, may cancel
the contract of sale within 15 days, or seven days in case of the sale of
a time-share estate, after receiving the amendment.
(b) Method and effect
of cancellation.--If a purchaser elects to cancel a contract pursuant to
subsection (a), he may do so by hand delivering notice thereof to the declarant,
or by mailing notice thereof by prepaid United States mail to the declarant
or to his agent for service of process. Cancellation is without penalty
and all payments made by the purchaser before cancellation shall be refunded
promptly.
(c) Penalty for
noncompliance by declarant.--If a declarant fails to provide a purchaser
to whom a unit is conveyed with a public offering statement and all amendments
thereto as required by subsection (a), the purchaser, in addition to any
other relief, is entitled to receive from the declarant an amount equal
to 5% of the sales price of the unit up to the maximum of $2,000, or actual
damages, whichever is the greater amount. A minor omission or error in the
public offering statement or an amendment thereto, that is not willful,
shall entitle the purchaser to recover only actual damages, if any.