North Carolina § 66-100 - Remedies.

§ 66-100. Remedies.

If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the proper disclosures in the manner required by G.S. 66-95, or fails to deliver the equipment, supplies or product(s) necessary to begin substantial operation of the business within 45 days of the delivery date stated in the business opportunity contract, or if the 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, 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 purchaser's address or at the places at which they are located at the time notice is given, all product(s), equipment or supplies received by the purchaser. Provided, that purchaser shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection. Any purchaser injured by a violation of this Article or by the business opportunity seller's breach of a contract subject to this Article or any obligation arising therefrom may bring an action for recovery of damages, including reasonable attorneys' fees. Upon complaint of any person that a business opportunity seller has violated the provisions of this Article, the superior court shall have jurisdiction to enjoin the defendant from further such violations. The remedies provided herein shall be in addition to any other remedies provided for by law or in equity. The violation of any provisions of this Article shall constitute an unfair practice under G.S. 75-1.1. History (1977, c. 884, s. 1.) Legal Periodicals. - For note, "Consumer Protection - The Unfair Trade Practice Act and the Insurance Code: Does Per Se Necessarily Preempt?," see 10 Campbell L. Rev. 487 (1988).