(a) General rule.--In
cases where delivery of a public offering statement is required under section
5401 (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, not later than seven
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 seven days, after first
receiving the public offering statement and all currently effective amendments.
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. 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
seven days after receiving the amendment.
(b) Method and effect
of cancellation.--If a purchaser elects to cancel a contract pursuant to
subsection (a), the purchaser 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 the declarant's agent for service of process. Cancellation
is without penalty, and all payments made by 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 a 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.