Guam § 45147 - Remedies; Sales Voidable When and By Whom.

§ 45147. Remedies; Sales Voidable When and By Whom.

Every sale made in violation of § 45145 is voidable at the election of

the purchaser; and the person making such sale and every director, officer

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or agent of or for such seller, if the director, officer, or agent has personally

participated or aided in any way in making the sale, is jointly and severally

liable to the purchaser in an action at law in any court or competent

jurisdiction upon tender of the units sold or of the contract made, for the full

amount paid by the purchaser, with interest, together with all taxable court

costs and reasonable attorney's fees; provided, that no action shall be

brought for the recovery of the purchase price after two (2) years from the

date of the sale, and provided further, that no purchaser otherwise entitled

shall claim or have the benefit of this section who has refused or failed to

accept within thirty (30) days an offer in writing of the seller to take back

the unit in question and to refund the full amount paid by the purchaser,

together with interest at six percent (6%) on such amount for the period

from the date of payment by the purchaser down to the date of repayment.