CODE OF VIRGINIA

PURCHASER’S REMEDIES (§ 59.1-268)

If a business opportunity seller (i) uses any untrue or misleading statements in
the sale of a business opportunity, (ii) fails to give the proper disclosures in
the manner required by § 59.1-264, or (iii) fails to deliver the equipment,
supplies, product or products necessary to begin substantial operation of the
business within forty-five days of the delivery date stated in the business
opportunity contract, or if the contract does not comply with the requirements
of § 59.1-267, then, within one year of the date of the contract, upon written
notice to seller, the purchaser may void the contract and shall be entitled to
receive from the business opportunity seller all sums paid to the business
opportunity 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 they are located at the time such notice is given, all product, products,
equipment and supplies received by the purchaser. No purchaser shall be entitled
to any unjust enrichment by exercise of the remedies provided in this
subsection.Any purchaser injured by (i) a violation of this chapter, (ii) the
business opportunity seller’s breach of a contract subject to this
chapter, or (iii) by any obligation arising therefrom may bring a civil action
for recovery of damages, including reasonable attorney’s fees.Upon
complaint of any person that a business opportunity seller has violated the
provisions of this chapter, the circuit court wherein the violation is alleged
to have occurred shall have jurisdiction to enjoin such seller from further
violations of this chapter.The remedies provided herein shall be in addition to
any other remedies provided for by law or in equity.

HISTORY: 1979, c. 523.