Which of the following is true regarding the enforceability of a Property Disclosure Statement?

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The notion that a Property Disclosure Statement can be enforced if it is included as a term in the contract highlights the importance of contractual agreements in real estate transactions. When the Property Disclosure Statement is explicitly referenced in the contract, it forms a part of the agreed-upon terms between the buyer and seller. This inclusion creates a legally binding obligation for the seller to provide accurate information about the property's condition, which the buyer can rely upon.

Having the disclosure statement as part of the contract solidifies its enforceability by linking it directly to the transaction. If any discrepancies arise regarding the property’s condition after the transaction, the buyer may have the right to pursue legal remedies based on the terms laid out in the contract, as the seller would be held accountable for any inaccurate disclosures.

In contrast, a Property Disclosure Statement, by itself and without direct linkage to the sale contract, may not have the same strength in enforcement. This is why the inclusion as a specific term is critical to ensuring the enforceability of the disclosure statement in a real estate context.

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