{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-266.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-266.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-266.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-266.html"}],"law_id":372861,"edition_id":2,"section_id":372861,"structure_id":53046,"section_number":"59.1-266","catch_line":"Prohibited acts","history":"1979, c. 523.","full_text":"No business opportunity seller shall:\n\n1\n\nRepresent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses such data to the prospective purchaser at the time such representations are made; or\n\n2\n\nUse the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or is not legally obligated for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity; or\n\n3\n\nMake or authorize the making of any reference to its compliance with this chapter in any advertisement or other contact with prospective purchasers.\n\n","order_by":null,"text":{"0":{"id":1390568,"text":"No business opportunity seller shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1390569,"text":"Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses such data to the prospective purchaser at the time such representations are made; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1390570,"text":"Use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or is not legally obligated for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1390571,"text":"Make or authorize the making of any reference to its compliance with this chapter in any advertisement or other contact with prospective purchasers.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":53046,"edition_id":2,"name":"Business Opportunity Sales Act","identifier":"21","label":"chapter","depth":2,"order_by":40,"parent_id":53010,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 03:10:17","date_modified":"2026-08-02 12:36:28","permalink":{"id":1487281,"object_type":"structure","relational_id":53046,"identifier":"21","token":"59.1\/21","url":"\/59.1\/21\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":372857,"structure_id":53046,"section_number":"59.1-262","catch_line":"Short title","url":"\/59.1-262\/","token":"59.1\/21\/59.1-262","metadata":{"court_decisions":{"0":{"name":"Toothman v. Miller (In re Miller)","case_number":"Bankruptcy No. 91-30753-T; Adv. No. 91-3057-T","citation":"145 B.R. 845","date":"1991-12-31","url":"https:\/\/www.courtlistener.com\/opinion\/8117447\/toothman-v-miller-in-re-miller\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":372858,"structure_id":53046,"section_number":"59.1-263","catch_line":"Definitions","url":"\/59.1-263\/","token":"59.1\/21\/59.1-263","metadata":false},{"id":372859,"structure_id":53046,"section_number":"59.1-264","catch_line":"Written disclosure statement required","url":"\/59.1-264\/","token":"59.1\/21\/59.1-264","metadata":false},{"id":372860,"structure_id":53046,"section_number":"59.1-265","catch_line":"Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent","url":"\/59.1-265\/","token":"59.1\/21\/59.1-265","metadata":false},{"id":372861,"structure_id":53046,"section_number":"59.1-266","catch_line":"Prohibited acts","url":"\/59.1-266\/","token":"59.1\/21\/59.1-266","metadata":false},{"id":372862,"structure_id":53046,"section_number":"59.1-267","catch_line":"Contracts required to be in writing; contents","url":"\/59.1-267\/","token":"59.1\/21\/59.1-267","metadata":false},{"id":372863,"structure_id":53046,"section_number":"59.1-268","catch_line":"Purchaser's remedies","url":"\/59.1-268\/","token":"59.1\/21\/59.1-268","metadata":false},{"id":372864,"structure_id":53046,"section_number":"59.1-269","catch_line":"Penalty; limitation","url":"\/59.1-269\/","token":"59.1\/21\/59.1-269","metadata":{"court_decisions":""}}],"previous_section":{"id":372860,"structure_id":53046,"section_number":"59.1-265","catch_line":"Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent","url":"\/59.1-265\/","token":"59.1\/21\/59.1-265","metadata":false},"next_section":{"id":372862,"structure_id":53046,"section_number":"59.1-267","catch_line":"Contracts required to be in writing; contents","url":"\/59.1-267\/","token":"59.1\/21\/59.1-267","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-266\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 523 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":372864,"section_number":"59.1-269","catch_line":"Penalty; limitation","order_by":null,"url":"\/59.1-269\/"}],"refers_to":false,"permalink":{"id":1487299,"object_type":"law","relational_id":372861,"identifier":"59.1-266","token":"59.1\/21\/59.1-266","url":"\/59.1-266\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-266\/","token":"59.1\/21\/59.1-266","dublin_core":{"Title":"Prohibited acts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-266","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No business opportunity seller shall:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses such data to the prospective purchaser at the time such representations are made; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or is not legally obligated for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Make or authorize the making of any reference to its compliance with this chapter in any advertisement or other contact with prospective purchasers. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTS (\u00a7 59.1-266)\n\nNo business opportunity seller shall:\n\n1. Represent that the business opportunity provides income or earning potential\nof any kind unless the seller has documented data to substantiate the claims of\nincome or earning potential and discloses such data to the prospective purchaser\nat the time such representations are made; or\n\n2. Use the trademark, service mark, trade names, logotype, advertising or other\ncommercial symbol of any business which does not either control the ownership\ninterest in the seller or is not legally obligated for all representations made\nby the seller in regard to the business opportunity, unless it is clear from the\ncircumstances that the owner of the commercial symbol is not involved in the\nsale of the business opportunity; or\n\n3. Make or authorize the making of any reference to its compliance with this\nchapter in any advertisement or other contact with prospective purchasers.\n\nHISTORY: 1979, c. 523.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}