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Title XXVI TRADE AND COMMERCE

Chapter 409

previous next Effective - 28 Aug 2000bottom

  409.1006.  Civil remedies. — 1.  If a business opportunity seller uses untrue or misleading statements in the sale of a business opportunity, fails to give the proper disclosures, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, the purchaser may, within one year of the date of the execution of the contract and upon written notice to the seller, rescind the contract and the purchaser shall be entitled to receive from the business opportunity seller all sums paid to the business seller.  Upon receipt of such sums, the purchaser shall make available to the seller at the purchaser's address, or at the places at which the purchaser is located at the time notice is given, all products, equipment or supplies received by the purchaser.  The purchaser shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.

  2.  Any purchaser injured by a violation of sections 409.1000 to 409.1006 or by the business opportunity seller's breach of a contract subject to sections 409.1000 to 409.1006 or any obligation arising therefrom, may bring an action for recovery of damages, including reasonable attorney's fees.

  3.  Upon complaint of any person that a business opportunity seller has violated the provisions of sections 409.1000 to 409.1006, the circuit court shall have jurisdiction to enjoin the defendant from any further violations.

  4.  The remedies provided in this section shall be in addition to any other remedies provided by law or in equity.

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(L. 2000 S.B. 896 § 407.2021)


---- end of effective   28 Aug 2000 ----

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