This is a situation where no one told you about the defect before the sale, or someone actually lied Home > News > IS PROPERTY CONDITION DISCLOSURE REQUIRED BY LAW? (2)Provide sellers with a property disclosure statement that meets or exceeds the disclosures set forth in 35.335a (relating to seller property disclosure statement). 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 It is not the sellers or the agents responsibility to compensate the buyer for damages caused by defects disclosed as part of the closing process. Thus, if a person or property is injured by negligent construction, the person must bring the claim within two years of being injured. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. << If you already paid the seller, you may be required to repay them. 5524; 42 Pa. C.S.A. /CharSet (/I/N/space/T/H/E/U/D/S/A/R/C/O/F/P/Y/L/V/G/J/period/comma/e/t/a/l/colon/v/W/one/hyphen/seven/two/eight/M/z/u/g/s/nine/zero/i/n/f/r/o/y/d/b/parenleft/c/h/quotedblleft/quotedblright/parenright/w/B/m/quoteright/p/j/k/x/six/section/three/dollar/five/q/semicolon/four/quotedbl/quoteleft/quotesingle/K/paragraph/bracketleft/bracketright/question/slash/Z/ampersand/asterisk/Q/numbersign/underscore) Please direct comments or questions to. See. Washingtons Seller Disclosure Statute, RCW 64.06, originally passed in 1994, required Sellers of real property to disclose material defects on a Seller Disclosure Statement, which quickly became known as a Form 17. Arkansas Real Estate Commission612 South Summit Street, Little Rock, AR 72201-4740, Main Phone: 501-683-8010Main Fax: 501-683-8020, Office Hours:Monday Friday | 8:00a 4:30p, Arkansas.gov | Accessibility | Privacy | Security | Acceptable Use. Disclosure of Water Level Fluctuations (Texas Property Code 5.019). 117 0 obj 3492 Generally, a one-year prescriptive period for tort claims. What is the PA real estate seller Disclosure Act? [md0 Qmh?E]T6Pw}rc 11VsHb?~BEC`)S b << You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and. The description of the property and any damages caused must be included in a Pennsylvania real estate sales agreement. License holders may also be found in violation of TREC rules. 0000004883 00000 n >> 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 ] It is actually a commission regulation; however, regulations, like laws, are always open to interpretation. Liability. Basic guidance as per the statutes of limitation can be obtained by reviewing CODE OF CIVIL PROCEDURE SECTION 335-349.4. /FontBBox [-21 -680 638 1021] But for a long list of "major offenses," prosecutors have five This one raises the questions of knowledge and material value. Guarantees that a business meets BBB accreditation standards in the US and Canada. Our templates are updated on a regular basis according to the latest amendments in legislation. We make every effort to keep our articles updated. There are many issues that have to be clarified and addressed when answering this question. /StemV 0 Buyers may terminate the contract for any reason. /Descent -188 What is the statute of limitations on seller disclosure in PA? changes effective through 53 Pa.B. v$3;`K=vnwX0sll}wP@DO2y0g96cAwYjS [5?t )lX,T)22. There is a maximum period of six months (for filing a personal injury claim) and a maximum period of twenty-one years (for actions to recover possession of real property). All Rights Reserved. It is a legal requirement for both buyers and sellers to be aware of the propertys condition. If you do end up suing the seller, you could seek monetary damages forthe sellers failure to disclose information or misrepresentation of the property. /Type /FontDescriptor (a)A licensee who represents sellers or a transaction licensee who has entered into an agreement with sellers shall: (1)Advise sellers of their duty to disclose any known material defects with the property by completing a property disclosure statement that satisfies the requirements in 68 Pa.C.S. /FontDescriptor 123 0 R 192.6.) TREC contracts and Texas REALTORS residential contracts already contain the necessary disclosure. /Pages 114 0 R The contract should also include a deadline for the offer and a date for completion. /Filter [/FlateDecode ] Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years: (1) An action K/o`?c6Z-0~~/vl='\;x1X9893KcA@/D@do`do'HVz"}J}}5 }3Eb_7^1EI|G8Z5} As for buyers and sellers negotiating their own real estate transaction, any requirement for disclosure about property condition is determined by the contractual agreement of the parties to the transaction. This remedy is called rescission.. 7314. Parties who file claims in Pennsylvania have several statutes of limitations in place that limit the time they can file. 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 A buyer will have an opportunity to review the disclosure statement and ask follow-up questions on any pertinent issues. Texas REALTORS is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients. Such revesting occurs by operation of law and is not a "sale." Page 1 of Use professional pre-built templates to fill in and sign documents online faster. o@rU If you want to ask the seller any questions about the property, make sure to ask for a disclosure document, such as the propertys title report. Civil statutes of limitations range from one to 20 years, with a two-year limit for personal injury claims. The tips below will allow you to fill in Pa Sellers Disclosure Form 2020 quickly and easily: Our solution enables you to take the whole process of executing legal forms online. Applicability of the legal principles discussed in this material may differ substantially in individual situations. Do You Have to Disclose a Death in a House? The Risks Of Buying Commercial Property In Pennsylvania Without A Property Disclosure Statement, Why Adding A Personal Touch to Your Rental Doesnt Have to be Hard, Factors That Affect How Much You Can Earn Working At An Ikea Warehouse, Chemist Warehouse: Australias Largest Pharmacy Chain, The Importance Of Credit Scores For Carphone Warehouse Customers, The Benefits Of Building A Data Warehouse With Hadoop. WebWhat is the statute of limitations on seller disclosure in PA? Tolling the statute, he says, is generally not possible if the defendant has been silent for some time. 696 (January 28, 2023). \1j2bM/ ="eO*xrcrg,eWqU6\)jl2X)OF Name Enjoy smart fillable fields and interactivity. Disclosure of Property Subject to Mandatory Membership in Property Owners Association (Texas Property Code 5.012). Disclosure of Private Transfer Fee Obligation (Texas Property Code 5.205). A Clever Partner Agent is an agent who has demonstrated top market performance in their market, as well as being affiliated with one of the worlds top brands or brokerage firms. Meeting with a lawyer can help you understand your options and how to best protect your rights. (Looking for help buying?Heres how to find a real estate agent in your area.). Webto resales of units) shall control disclosures a seller is required to make concerning common elements in a condominium, and section 4409 (relating to resales of cooperative Does the Arkansas Real Estate Commission require every real estate agent that lists and sells real estate in the state of Arkansas to disclose information about the condition of the property they are listing or selling?, The answer is yes. /Contents 120 0 R 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 All property types located wholly or partially outside the limits of a municipality. Theft, Personal Several Texas laws require sellers to disclose information about their property prior to or at the time a sales contract is executed. In some cases, this is especially true if the onset of symptoms is delayed by medical malpractice. In 2012, a Pennsylvania court ruled that sellers are not required to disclose any information about a deceased person, supernatural occurrences, or psychological damage to the property. Web(a) A licensee who represents sellers or a transaction licensee who has entered into an agreement with sellers shall: (1) Advise sellers of their duty to disclose any known Can ahome buyer sue a seller for failure todisclose information about the house? Business, Open the template in the full-fledged online editor by clicking. 0000001885 00000 n *mf$c"KP=7Zwfn_#UY4,Y,5Vt5(JWIN;DWiOy:o&n8:zFiu,+#3FUV}wU From now on, submit Pa Sellers Disclosure Form 2020 from the comfort of your home, place of work, and even while on the move. C.R.S.A. All property types located in a statutory tax district. 7315. You can rely on an experienced real estate agent to help you understand the market requirements. It all depends on the real estate disclosure laws in your state and how far along in the purchase process you are. endobj /Corel_CharSet 0 (c) No cause of action shall arise against an appraiser of realproperty, a licensee as agent of an owner, or a licensee as agent of a potential or actual transferee of realpropertyfor failure to inquire about, make adisclosureabout, or release information about the existence of any fact or circumstance or suspicion of the existence of any fact or circumstance that indicates that the realpropertyispsychologicallyimpacted. /MediaBox [-0.0000 -0.0000 612.0000 792.0000] The seller or the seller's agent failed to disclose the defect. services, For Small Understanding the statute of limitations that applies to your situation is very important if you plan to file a lawsuit or are involved in a criminal case. As in all real property transactions in Arkansas, there is no disclosure statute addressing the individual owner/seller. 0000000535 00000 n Experience a faster way to fill out and sign forms on the web. Pennsylvania does not require sellers of commercial property to provide a property disclosure statement to buyers. All property types located seaward of the Gulf Intracoastal Waterway. (b) The existence of any fact or circumstance or suspicion of the existence of any fact or circumstance that indicates apropertymight be or ispsychologicallyimpacted is not a material fact that must be disclosed in a realpropertytransaction. This article has been written and reviewed for legal accuracy, clarity, and style byFindLaws team of legal writers and attorneysand in accordance withour editorial standards. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 6937. The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon. The Pennsylvania Code website reflects the Pennsylvania Code The answer is no. /ID [] Failure to do so could subject them to liability. /Filter [/FlateDecode ] d. You will not post any information intended to sell or advertise a business, product, or service. The key legal requirement is that sellers must disclose any material defect. ]hWZeFj:8o\wl. For that reason, you save hours (if not days or even weeks) and eliminate additional costs. 7501, up to two years from the date of closing. What is real estate seller disclosure law 68 pa csa section 7301? Contact us. (2)Assure that the completed property disclosure statement or the property disclosure statement marked refused was delivered to the buyer prior to the execution of an agreement of sale. 12~'9r~oY9)fmgoVreg[8s{sKw2q[g7=3-|_wx8+;_kzonyv_rK7>}&&F*f|blblh_iLyP@_NUg+;_[i=|Od3r21rc) {>~ >> Technology, Power of XfgW,k/9}Yef--r~eh`degefgdmjm@|N*;2pgN7l]l3-q~]/nG's'b#C&[ /rX W3;b]P;GKlrgeTyQ${@{)N*e}= 2`[p~f#2qV5KP|k}YriUK8hs9lvm~`,z VoxdCO7/@ .u sy|7+C-_c Furthermore, it protects buyers from negotiating a lower price with information that is inaccurate and may result in the sale of a property for less money. Most agents, when placed in this situation, tell us that they will advise the seller that any information of this sort be disclosed. /BaseFont /DZHTHD+CourierNewPSMT << 0000000017 00000 n ;|Xu7R9w?!PY8w9@Mbn9=gx,-Y0 Sellers must volunteer information about their property to the buyer; its not enough to just wait for a buyer to ask a question and answer honestly, according to California real estate attorneyBryan Zuetelof Irvine, CA. This is true whether the seller is aware of the mistake or not. fu*D A.jzF ]R=f&` RWH? The Texas REALTORS notice (TXR 1406) has added provisions that provide more information for buyers and is designed to serve as a risk-reduction tool for sellers. Press the green arrow with the inscription. Texas REALTORS provides content through various online platforms, including this blog. ;89hbM /"F jkfak@`laL`h a)(k`cB@/),!B+ilb /AvgWidth 600 /CapHeight 500 Each person signing the document has the legal authority to do so. SURVEYS STRONGLY RECOMMENDED WHEN PURCHASING REAL ESTATE, Approved CONTINUING EDUCATION TOPICS FOR 2023. Residential properties with not more than one dwelling unit (not applicable to condo associations). Fair Housing Month signifies a recommitment to advancing equitable opportunities and expanding homeownership. requires that before an agreement of sale is signed, the seller in a residential real estate transfer must disclose >> As with any question regarding the applicable statute of limitations, IT`bz\8kl%P1P`/h9 4zpA,. 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 Pa seller's property disclosure statement Related content Let the Buyer Beware - William & Mary Law School Statutes of limitations (or time limits established by law) for prosecutors to bring criminal charges in Pennsylvania, whether they are felonies or misdemeanors, and related information. 49 Pa. Code 35.284a. While the market value of the house may be compromised by such knowledge in the community, we cannot readily conclude that the material value of the property is affected. Planning, Wills Created byFindLaw's team of legal writers and editors All property types abutting or adjoining tidally influenced waters. WebSpecification of items for disclosure no limitation on other disclosure obligations 68 Pa.C.S.A. WebA Sellers Property Disclosure Statement, dated February 25, 2004, was provided to Plaintiffs by Defendant (the Disclosure Statement). A seller in Pennsylvania must provide a signed and dated copy of the property disclosure form as part of the seller disclosure law. /ProcSet [/PDF /Text] Disclosures required by the Real Estate Seller Disclosure Law. If a real estate agent knows that methamphetamine was cooked in the house, that would be considered a fact that could affect the material value of the property since the cost to rehab such a property can be significant. WebHome buyers in Pennsylvania routinely make property defects claims against sellers on two grounds that aren't covered in the statute: fraud and negligent misrepresentation. Canceling the purchasecouldbe a lot less costly and time-consuming than suing the seller. In Pennsylvania, the general (or default) statute of limitations is two years after a crime is committed. -'~53;N|{LZ6unqHrJ\oPMfmy:h 6F4j.E}pMj+QK? Ensures that a website is free of malware attacks. Read our stress-free guide to getting a mortgage, What Are Property Disclosure Statements? The seller must also disclose any defects in the property, such as a leaky roof or cracked foundation. The Agreement of Sale is dated 0000003942 00000 n /Flags 33 USLegal received the following as compared to 9 other form sites. The law only requires a seller to disclose information about their property that they actually know. However, additional statutory requirements are found in the, Disclosure of Public Improvement District (PID) (Texas Property Code 5.014). She writes and photographs people from her home in upstate New York. Are there any other mechanisms in place in Arkansas by which property owners disclose information about their property when attempting to sell? In Pennsylvania, sellers must disclose any and all known information about the property that could negatively affect the value or desirability of the property. /FontFile 124 0 R The Real Estate Commission regulation statesA licensee shall exert reasonable efforts to ascertain those facts which are material to the value or desirability of every property for which the licensee accepts the agency, so that in offering the property the licensee will be informed about its condition and thus able to avoid intentional or negligent misrepresentation to the public concerning such property.. Copyright 2023 State of Arkansas. In order to Toll the statute of limitations, only if evidence shows that repairs were attempted and that representations made in the past assured that defects would be fixed are valid. Thus is difficult to give you a straight answer. WebThe Real Estate Seller Disclosure Law (68 P.S. %PDF-1.4 For instance, the time limit for Pennsylvania to prosecute a defendant for a misdemeanor charges is two years. RESDL generally provides the seller's disclosure duties to a buyer during a residential real estate transaction. The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. Buyers in Pennsylvania have the option of walking away from a real estate contract if all of the buyers contingencies, such as financial, appraisal, inspection, insurance, and home sale contingencies, are not met. V93Nu.bh/l'ko}2M#jcxq\KgcL!u6U+/IQZz;4=Q6xu g*?%;JI{uxJFh 6d/ X$KrwbB/,O]9%&6[bU_|3x:Cj1VhW}>Ud2*2L+,3eOG8e>3c"~R1ej*BKysF9RhyKS/?=,]l9a}b1cJK Now, lets take the question a step further and narrow it down a little so that it fits more within the jurisdiction of the Arkansas Real Estate Commission, the agency that issues real estate licenses in the state of Arkansas. You can find the list of major offenses by clicking here While that ceiling mark and potential roof leak would obviously affect the value of the property since some repairs would be necessary, lets consider that a previous owner was brutally murdered in the house? Instructions to the Seller: (1) Answer ALL questions. Sellers assist the housing market by providing accurate information, which aids in the preservation of the quality of the market. >> Follow the simple instructions below: Tax, business, legal along with other e-documents demand an advanced level of protection and compliance with the law. 118 0 obj Can a buyer sue a seller after closing in PA? In Pennsylvania, a real estate transaction involving a seller who is not the original buyer is subject to the same disclosure requirements. Agents, unless there is reason for suspicion, are not expected to determine whether every house they list has had meth cooked in it. In other words, something like a missing section of baseboard wouldn't be included, but a rotting roof would be. h J z ' | u f e 2 - v ) K T ( Get access to thousands of forms. Us, Delete A statute of limitations is a state law that sets a strict time limit on a plaintiff's right to file a civil case in court. 0000005557 00000 n What is real estate seller disclosure law 68 pa csa section 7301? (4) Complete this form While it is not required during the titling or registration process, it is sufficient for the seller to sign over the title to the buyer once the sale is complete. Is it bad if there is no sellers disclosure? Approximately seventy percent (70%) of the persons who hold Arkansas real estate licenses are also members of the Arkansas Realtors Association and therefore appropriately referred to as Realtors. Pennsylvania Civil Statute of Limitations Statutes of limitations (time limits for filing your complaint) for civil lawsuits in Pennsylvania, including personal injury; false (c)Licensees described in subsections (a) and (b) are required to disclose, to the buyer in writing, all material defects that are not otherwise disclosed and of which the licensee has actual knowledge. So, we must first consider what reasonable effortsare and then turn our attention tothose facts which are material to the value or desirability of the property. Section 76 - Filing of solicitation materials. =mk-,2EK2=O&4T,0&D>C> Access the most extensive library of templates available. (3)Deliver the completed property disclosure statement or the property disclosure statement marked refused to the buyer, the licensee who represents the buyer or the transaction licensee who has entered into an agreement with the buyer prior to the execution of an agreement of sale. /Leading 0 xYMo#7#"G@w>(C}Cc;N]g4hH>=l. 0000000640 00000 n Go to the e-autograph tool to add an electronic signature to the template. WebThe answer is yes. First, well consider the question in its most wide-ranging and comprehensive context. Providing a disclosure assists the buyer in maintaining the quality of the housing market. A buyer may file a claim against the seller under Pennsylvanias Real Estate Seller Disclosure Law, 68 Pa.C.S.7501, as of the date of closing. All states, including Pennsylvania, place time limits for filing lawsuits or prosecuting crimes. When listing property, Realtors strongly encourage all sellers to complete the Seller Property Disclosure form. It is the sellers responsibility to provide information about the structural defects or problems in the property. Most real estate lawyers recommend including contingencies in the residential property purchase agreement that will give buyers an out, and require any money held in escrow be returned to them (pending a review of the disclosures and the property). 120 0 obj A property disclosure statement is a document that is provided by a seller to a buyer that discloses information about the property. In cases where seller did not know of the defect, the earlier of four (4) years from delivery date or one year from date of discovery by buyer. Highest customer reviews on one of the most highly-trusted product review platforms. Under Michigan law, a party seeking rescission of a contract must prove three elements: (1) a seasonable assertion of the rescission right; (2) tender of the consideration and benefits received; and, (3) demand for repayment of any price paid. TREC residential contracts already contain the necessary disclosure. Is there a state law in Arkansas that requires every property owner to disclose all aspects of the condition of his or her property when selling that property?. stream Thats when you may land in a courtroom, buta lawsuit could still be avoided, says Zuetel. 121 0 obj Real estate disclosure laws differ from state to state, but in most places in the U.S., it is the sellers duty in good faith to disclose info to aprospective buyer thatcould affect the property value, such as material defects.That could be anything from water damage to a termite infestationto a property line or zoning dispute. Designate the individuals who may be present while the parties conduct the discovery. A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was aware of material facts pertaining to the real property is liable to the prospective buyer. You must provide a standard form detailing any deficiencies in the structures foundation, basement, roof, or walls. In most cases, when a Pennsylvania property is being sold, the seller does not need to be present to sign all of the necessary documents and cover all costs. GI=9$O?endstream The question of material value can cause some interesting discussions. TREC has promulgated a form that satisfies the notice requirement: Buyers may terminate the contract. If the notice is not available from the PID, TREC has promulgated a blank version of the notice: Buyers may terminate the contract. 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 No statutes or acts will be found at this website. You and your clients can use the chart on these pages to determine which disclosures are required, where the disclosures can be found, and potential penalties if proper disclosures arent made. Buyers are not required to disclose defects in real estate purchased under this law. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. WebAny seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 The Pennsylvania Real Estate Seller Disclosure Law requires that a seller of residential property provide a signed and dated copy of a property disclosure form, /Ascent 613 /T 111342 endobj [600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 600 J ae 2&Xxo-R2lcS?z\K~&]b3)\qay>zvZ O_6^bVpCHA$f::Nm,uoSWoUJWDb0AUxRx&=h8U:]?iBq0 7OArzP-_wZ]x->FKUcjdn:o%5S Hd#/G=^`YztHb3o!2L9? TREC and Texas REALTORS contracts already contain the necessary disclosure. /Length 19822 /CropBox [-0.0000 -0.0000 612.0000 792.0000] /Type /Page /Widths 122 0 R This document will provide information on any liens, mortgages, or restrictions that may be present on the property. The Texas REALTORS notice (TXR 1406) has added provisions that provide more information for buyers and is designed to serve as a risk-reduction tool for sellers. (1) Documentary material means the original or a copy of any book, record, From there, the buyer can proceed how they see fit. /MaxWidth 659 Failure to Disclose: Should Buyers Sue Sellers Over False 7303. { 5 V e ^ O N j _ 4 0 b G ZR N U ( Tendstream So, if a potential buyer asks whether this is the house where the brutal tragedy occurred, the agent should respond affirmatively if they know it was. The TREC Sellers Disclosure Notice (TREC OP-H) only contains the minimum information required by statute. /Prev 111329 /O 119 The Rosenthals have filed a motion to dismiss all claims In fact, the term Realtor is a trademark for a member of the National Association of Realtors and in Arkansas, a member of the Arkansas Realtors Association. This information can include, but is not limited to, information about the condition of the property, any known defects, and any repairs that have been made. The provisions of this 35.284a issued under sections 404 and 604(a)(15.1) of the Real Estate Licensing and Registration Act (63 P. S. 455.404 and 455.604(a)(15.1)). /Root 118 0 R 5525. Furthermore, any structural issues found in the property must be disclosed to the seller. TREC has promulgated a form that satisfies the notice requirement: Addendum for a Property in a Propane Gas Service Area (TXR 2514, TREC 47-0). Sellers of residential property are required by the Pennsylvania Real Estate Seller Disclosure Law to provide a signed and dated copy of a property disclosure form, which outlines specific topics related to the propertys condition, before entering into an agreement with a prospective buyer. But if it can be proven that something was known and omitted, a seller can get in big trouble. stream Does seller have to disclose previous inspection in PA? /Encoding /WinAnsiEncoding There is a maximum period of six months (for filing a personal injury claim) and a maximum period of twenty-one years (for actions to recover possession of real property). This weeks column is guest authored by Gary Isom, Executive Director of the Arkansas Real Estate Commission. Short title This act shall be known and may be cited as the Unfair Trade Practices and Consumer Protection Law. 201-2. To finish the transaction, the buyers will sign the final documents at the office of the title company or escrow agent, and the keys will be delivered. << Some seller disclosure laws require you to take action against the seller within the specified statute of limitations, perhaps one or two years from the date you close. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Section 75 - Information filed with the commission. This disclosure statement is designed to assist the seller in complying with disclosure requirements and to assist the buyer in evaluating the property being considered. /Length2 18778 Residential properties with not more than one dwelling unit. The answer is yes. A seller must disclose to a buyer all known material defects about property being sold that are not readily observable.
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