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Seller disclosure · 9 statesLate seller disclosure: how long the buyer has to cancel

If the seller's disclosure statement is delivered after the contract is signed, these states give the buyer a short window to cancel in writing and get the deposit back. California: 3 days after delivery in person, 5 days by mail or electronic delivery (Civ. Code §1102.3). Virginia: 3 days in person or electronic, 5 days after the postmark (§55.1-709). North Carolina: the end of the third calendar day after receipt or after the contract (G.S. 47E-5). Ohio: 3 business days, and never later than 30 days after acceptance or closing (R.C. 5302.30(K)). Washington: 3 business days after the disclosure, which is due 5 business days after mutual acceptance (RCW 64.06.030). Oregon: 5 business days (ORS 105.475). Michigan: 72 hours in person, 120 hours by registered mail (MCL 565.954). In Virginia, North Carolina, Ohio, Oregon, Michigan and Nevada the right also ends at closing or conveyance.

Window to cancel after late delivery

  1. California (Civ. §1102.3)

    3 days after delivery in person; 5 days by mail or agreed electronic delivery; written notice to seller or agent.

  2. Virginia (§55.1-709)

    3 days in person or electronic; 5 days after postmark; ends at settlement, occupancy or written waiver.

  3. North Carolina (G.S. 47E-5)

    End of the 3rd calendar day after receipt or after the contract, whichever is first; ends at settlement or occupancy.

  4. Ohio (R.C. 5302.30(K))

    3 business days after receipt; no later than 30 days after acceptance or closing; waivable.

  5. Washington (RCW 64.06.030)

    Disclosure due 5 business days after mutual acceptance; buyer has 3 business days to accept or rescind, unless otherwise agreed.

  6. Oregon (ORS 105.475)

    5 business days after delivery to revoke; if never delivered, until closing.

  7. Michigan (MCL 565.954)

    72 hours after delivery in person; 120 hours by registered mail; ends at deed.

  8. Nevada (NRS 113.150)

    No disclosure served: rescind any time before conveyance. Defect disclosed later: notarized rescission within 4 working days.

  9. Wisconsin (§709.05)

    Report received after the offer: rescind in writing if a defect is disclosed; incomplete report – 2 business days.

How to cancel so it counts

  • In writing, signed and dated – Nevada also requires it to be notarized.
  • Delivered to the person the statute names: seller, seller's agent or escrow holder.
  • Inside the window, counted the statute's way – calendar days, business days, working days or hours.
  • Before closing – in most of these states closing, conveyance or occupancy ends the right.

What the TC records

  • The date, time and method of delivery of the disclosure – it starts the clock.
  • The computed deadline as a dated task the day the disclosure goes out.
  • Any waiver the buyer signed, and the rescission notice if one is sent.

Questions buyers and agents ask

Can a buyer cancel if the seller's disclosure comes late?

In many states, yes: for example 3 days in California (5 by mail or e-delivery), 3 calendar days in North Carolina, 3 business days in Ohio and Washington, 5 business days in Oregon.

Does the buyer get the earnest money back after cancelling for a late disclosure?

Ohio, Washington, Oregon and Wisconsin say so expressly; in the other states the deposit follows the contract and the statute's cancellation right.

When does the right to cancel end?

At the end of the statutory window – and in Virginia, North Carolina, Ohio, Oregon, Michigan and Nevada no later than closing or conveyance.

Related guides

When the disclosure goes out, ClosingCode puts the cancellation deadline on the deal as a task with an owner and due date, and reminders go out before it passes.

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Sources: Cal. Civ. Code §1102.3; Va. Code §55.1-709; N.C.G.S. 47E-5; NRS 113.150; Ohio R.C. 5302.30; RCW 64.06.030; MCL 565.954; ORS 105.475; Wis. Stat. §709.05 (official statute sites, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.