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Session Laws, 1980
Volume 739, Page 2201   View pdf image
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HARRY HUGHES, Governor

2201

(I) FAIL OTHERWISE TO COMPLY SUBSTANTIALLY WITH ANY
PROVISION OF THIS SUBTITLE OR WITH ANY ORDER OR RULE OF THE
COMMISSIONER MADE PURSUANT TO THIS SUBTITLE.

413

(A)  IF A SELLER OF A BUSINESS OPPORTUNITY HAS VIOLATED
ANY REQUIREMENT OF SECTION 412 OF THIS SUBTITLE, THE
PURCHASER, WITHIN 1 YEAR OF THE DATE OF THE CONTRACT, MAY
VOID THE CONTRACT AND SHALL BE ENTITLED TO RECEIVE FROM THE
SELLER ALL SUMS PAID TO THE SELLER.

(B)  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 PRODUCTS, EQUIPMENT OR SUPPLIES RECEIVED BY THE
PURCHASER. HOWEVER, THE PURCHASER MAY NOT BE UNJUSTLY
ENRICHED BY EXERCISING THE REMEDIES PROVIDED IN THIS
SUBSECTION.

(C)  ANY PURCHASER INJURED BY A VIOLATION OF THIS
SUBTITLE OR BY THE BUSINESS OPPORTUNITY SELLER'S BREACH OF A
CONTRACT SUBJECT TO THIS SUBTITLE OR ANY OBLIGATION ARISING
THEREFROM MAY BRING AN ACTION FOR RECOVERY OF DAMAGES,
INCLUDING REASONABLE ATTORNEYS' FEES.

(D)  UPON COMPLAINT OF ANY PERSON THAT A SELLER HAS
VIOLATED THE PROVISIONS OF THIS SUBTITLE, THE CIRCUIT COURT
SHALL HAVE JURISDICTION TO ENJOIN THE DEFENDANT FROM FURTHER
SUCH VIOLATIONS.

(E)  THE REMEDIES PROVIDED HEREIN SHALL BE IN ADDITION
TO ANY OTHER REMEDIES PROVIDED FOR BY LAW OR IN EQUITY.

414.

(A) A PURCHASER WHO IS SUBJECTED TO A VIOLATION OF
THIS SUBTITLE MAY FILE WITH THE DIVISION A WRITTEN COMPLAINT
WHICH STATES:

(1) THE NAME AND ADDRESS OF THE PERSONA ALLEGED
TO HAVE COMMITTED THE VIOLATION COMPLAINED OF;

(2) THE PARTICULARS OF THE VIOLATION; AND

(3) ANY OTHER INFORMATION REQUIRED BY THE

COMMISSIONER.

(B) AFTER THE FILING OF A COMPLAINT, THE COMMISSIONER
SHALL INVESTIGATE THE ALLEGATIONS TO ASCERTAIN ISSUES AND
FACTS.

(C) THE COMMISSIONER MAY SEEK THE COOPERATION OF THE
LICENSING AUTHORITIES AND CONTRACTING DEPARTMENT OF THE
STATE IN CONNECTION WITH ITS INVESTIGATION OF A PERSON WHO
IS LICENSED TO DO BUSINESS IN THE STATE OR WHO HAS A
CONTRACTUAL RELATIONSHIP WITH THE STATE.

 

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Session Laws, 1980
Volume 739, Page 2201   View pdf image
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