PARRIS N. GLENDENING, Governor                            S.B. 380

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.

(b)     A buyer may sue for damages, including reasonable attorney's fees, if the
buyer is injured by:

(1)     a violation of this subtitle; or

(2)     the seller's breach of a contract for the sale of a business opportunity.

(c)     On complaint that a seller has violated this subtitle, the circuit court may
enjoin the seller from further violation.

(d)     The remedies in this section are in addition to any other remedy provided by
law or in equity.

14-127.

(a) A person who sells a business opportunity may not, in a disclosure statement
or amendment to it, willfully make a false or misleading statement of a material fact or
willfully omit to state a material fact required or necessary to make the statements in a
disclosure statement not misleading.

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