59.1-268 - Purchaser's remedies. - Virginia Statutes

§ 59.1-268. Purchaser's remedies.

If a business opportunity seller (i) uses any untrue or misleading statementsin the sale of a business opportunity, (ii) fails to give the properdisclosures in the manner required by § 59.1-264, or (iii) fails to deliverthe equipment, supplies, product or products necessary to begin substantialoperation of the business within forty-five days of the delivery date statedin the business opportunity contract, or if the contract does not comply withthe requirements of § 59.1-267, then, within one year of the date of thecontract, upon written notice to seller, the purchaser may void the contractand shall be entitled to receive from the business opportunity seller allsums paid to the business opportunity seller. Upon receipt of such sums, thepurchaser shall make available to the seller at the purchaser's address or atthe places at which they are located at the time such notice is given, allproduct, products, equipment and supplies received by the purchaser. Nopurchaser shall be entitled to any unjust enrichment by exercise of theremedies provided in this subsection.

Any purchaser injured by (i) a violation of this chapter, (ii) the businessopportunity seller's breach of a contract subject to this chapter, or (iii)by any obligation arising therefrom may bring a civil action for recovery ofdamages, including reasonable attorney's fees.

Upon complaint of any person that a business opportunity seller has violatedthe provisions of this chapter, the circuit court wherein the violation isalleged to have occurred shall have jurisdiction to enjoin such seller fromfurther violations of this chapter.

The remedies provided herein shall be in addition to any other remediesprovided for by law or in equity.

(1979, c. 523.)