§ 66-100. Remedies. - North Carolina Statutes

§66‑100.  Remedies.

(a)        If a businessopportunity seller uses any untrue or misleading statements in the sale of abusiness opportunity, or fails to give the proper disclosures in the mannerrequired by G.S. 66‑95, or fails to deliver the equipment, supplies orproduct(s) necessary to begin substantial operation of the business within 45days of the delivery date stated in the business opportunity contract, or ifthe contract does not comply with the requirements of G.S. 66‑99, then,within one year of the date of the contract, upon written notice to seller, thepurchaser may void the contract and shall be entitled to receive from thebusiness opportunity seller all sums paid to the business opportunity seller.Upon receipt of such sums, the purchaser shall make available to the seller atpurchaser's address or at the places at which they are located at the timenotice is given, all product(s), equipment or supplies received by thepurchaser. Provided, that purchaser shall not be entitled to unjust enrichmentby exercising the remedies provided in this subsection.

(b)        Any purchaserinjured by a violation of this Article or by the  business opportunity seller'sbreach of a contract subject to this Article or any obligation arisingtherefrom may bring an action for recovery of damages, including reasonableattorneys' fees.

(c)        Upon complaint ofany person that a business opportunity seller has violated the provisions ofthis Article, the superior court shall have jurisdiction to enjoin thedefendant from further such violations.

(d)        The remediesprovided herein shall be in addition to any other  remedies provided for by lawor in equity.

(e)        The violation ofany provisions of this Article shall constitute an unfair practice under G.S.75‑1.1. (1977, c. 884, s. 1.)