Ch. 517                                    1996 LAWS OF MARYLAND

14-123.

In connection with an offer to sell or sale of a business opportunity, a person may
not use the trademark, service mark, trade name, logotype, advertising, or other
commercial symbol of a business unless:

(1)     the business controls the ownership interest in the seller;

(2)     the business accepts responsibility for each representation that the seller
makes about the business opportunity; or

(3)     it is clear from the circumstances that the owner of the commercial
symbol is not involved in the sale of the business opportunity.

14-124.

In connection with an offer to sell or sale of a business opportunity, a person may
not make or authorize making a reference to compliance with this subtitle in an
advertisement or other contact with prospective buyers other than by use of the disclosure.
statement or other disclosure documents required by this subtitle.

14-125.

(a)     In connection with an offer to sell or sale of a business opportunity, a person
may not fail to deliver products, equipment, or supplies necessary to begin substantial
operation of the business within 45 days after the delivery date stated in the contract for
the sale of the business opportunity.

(b)     This section does not apply if the Commissioner or a court in a civil
proceeding finds that the failure is due to the conditions stated in § 2-615 of the
Commercial Law Article.

14-126. .

(a) (1) If a seller violates a provision of §§ 14-120 through 14-125 of this
subtitle, the buyer, within 1 year after the date of a contract for the sale of a business
opportunity:

(i) may void the contract; and

(ii) is entitled to receive from the seller a refund of any money paid to
the seller.

(2)     On receipt of the refund, the buyer shall make available to the seller any
products, equipment, or supplies received from the seller at:

(i) the buyer's address; or

(ii) the place where the products, equipment, or supplies were located
when notice to void the contract was given.

(3)     However, the buyer may not be unjustly enriched by exercising a remedy
under this subsection.

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