Section 409.1000

Title XXVI TRADE AND COMMERCE

Chapter 409

Effective - 28 Aug 2000   

  409.1000.  Business opportunities — definitions. — 1.  For the purposes of sections 409.1000 to 409.1006, "business opportunity" means the sale or lease of any product, equipment, supplies or services which are sold or leased to a purchaser to enable the purchaser to start a business for which the purchaser is required to pay an initial fee or sum of money in excess of five hundred dollars to the seller, and in which the seller represents:

  (1)  That the seller or a person or entity affiliated with, or referred by, the seller will provide locations, or assist the purchaser in finding locations, for the use or operation of vending machines, racks, display cases or other similar devices or currency-operated amusement machines or devices on premises neither owned nor leased by the purchaser or the sellers;

  (2)  That the promoter or its affiliate or designee will refund all or a substantial part of the purchaser's initial payment if the purchaser is unsuccessful or dissatisfied with the business opportunity;

  (3)  That the seller guarantees in writing that the purchaser will derive income from the business opportunity which exceeds the price paid or rent charged for the business opportunity or that the seller will refund all or part of the price paid or rent charged for the business opportunity or will repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity; or

  (4)  That the business opportunity is free from risk or certain to produce profits, which representation may arise from all of the assurances taken as a whole.

  2.  For purposes of subsection 1 of this section the term "assist the purchaser in finding locations" includes, but is not limited to, supplying the purchaser with names of locator companies, contracting with the purchaser to provide assistance or supply names or collecting a fee on behalf of or for a locator company.

  3.  For purposes of sections 409.1000 to 409.1006, "business opportunity" does not include:

  (1)  The sale of ongoing businesses when the owner of those businesses sells and intends to sell only those business opportunities so long as those business opportunities to be sold are no more than five in number; or

  (2)  The not-for-profit sale of sales demonstration equipment, materials or samples for a price that does not exceed five hundred dollars or any sales training course offered by the seller, the cost of which does not exceed five hundred dollars.

  4.  For purposes of sections 409.1000 to 409.1006, "purchaser" shall include a lessee and "seller" shall include a lessor.

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(L. 2000 S.B. 896 § 407.2000)