{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-263.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-263.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-263.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-263.html"}],"law_id":59290,"edition_id":1,"section_id":59290,"structure_id":13983,"section_number":"59.1-263","catch_line":"Definitions","history":"1979, c. 523; 1985, c. 242.","full_text":"A\n\nFor purposes of this chapter, “business opportunity” means the sale of any products, equipment, supplies or services which are sold to a purchaser upon payment of an initial required consideration exceeding $500 for the purpose of enabling such purchaser to start a business, and in which the seller:1\n\nRepresents that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or2\n\nRepresents that it will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold by the seller to the purchaser; or3\n\nGuarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity; or4\n\nRepresents that the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity.\n\t\t\t\tB. Exclusions. — Such definition of “business opportunity” shall not include the following:1\n\nA security as defined by § 13.1-501; or2\n\nA franchise as defined in subsection A of § 13.1-559 or § 59.1-21.10; or3\n\nA license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products or services to the general public under the retailer’s trademark, trade name or service mark, provided that such general merchandise retailer has been doing business in the Commonwealth continuously for five years prior to the granting of such license and such general merchandise retailer also sells the same goods, equipment, supplies, products or services directly to the general public; or4\n\nA newspaper distribution system; or5\n\nThe sale of an on-going business. An “on-going business” as used herein is one which for at least twelve months previous to the sale: (i) has been operated from a specific location, (ii) has been open for business to the general public and (iii) has had all equipment and supplies necessary for operating the business located at such specific location; or6\n\nThe sale of sales demonstration equipment and materials furnished at cost for use in making sales and not for resale; or7\n\nA contract or agreement by which a retailer of goods or services is granted the right to sell goods or services within, or appurtenant to, a retail business establishment as a department or division thereof.","order_by":null,"text":{"0":{"id":217305,"text":"For purposes of this chapter, “business opportunity” means the sale of any products, equipment, supplies or services which are sold to a purchaser upon payment of an initial required consideration exceeding $500 for the purpose of enabling such purchaser to start a business, and in which the seller:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":217306,"text":"Represents that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":217307,"text":"Represents that it will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold by the seller to the purchaser; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":217308,"text":"Guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":217309,"text":"Represents that the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity.\n\t\t\t\tB. Exclusions. — Such definition of “business opportunity” shall not include the following:","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A1"},"5":{"id":217310,"text":"A security as defined by § 13.1-501; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A4","next_prefix":"A2"},"6":{"id":217311,"text":"A franchise as defined in subsection A of § 13.1-559 or § 59.1-21.10; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"7":{"id":217312,"text":"A license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products or services to the general public under the retailer’s trademark, trade name or service mark, provided that such general merchandise retailer has been doing business in the Commonwealth continuously for five years prior to the granting of such license and such general merchandise retailer also sells the same goods, equipment, supplies, products or services directly to the general public; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"8":{"id":217313,"text":"A newspaper distribution system; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"9":{"id":217314,"text":"The sale of an on-going business. An “on-going business” as used herein is one which for at least twelve months previous to the sale: (i) has been operated from a specific location, (ii) has been open for business to the general public and (iii) has had all equipment and supplies necessary for operating the business located at such specific location; or","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"10":{"id":217315,"text":"The sale of sales demonstration equipment and materials furnished at cost for use in making sales and not for resale; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"11":{"id":217316,"text":"A contract or agreement by which a retailer of goods or services is granted the right to sell goods or services within, or appurtenant to, a retail business establishment as a department or division thereof.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6"}},"ancestry":[{"id":13983,"edition_id":1,"name":"Business Opportunity Sales Act","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:46:30","date_modified":"2026-06-26 03:46:30","permalink":{"id":260279,"object_type":"structure","relational_id":13983,"identifier":"21","token":"59.1\/21","url":"\/59.1\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78004,"structure_id":13983,"section_number":"59.1-262","catch_line":"Short title","url":"\/59.1-262\/","token":"59.1\/21\/59.1-262","metadata":false},{"id":59290,"structure_id":13983,"section_number":"59.1-263","catch_line":"Definitions","url":"\/59.1-263\/","token":"59.1\/21\/59.1-263","metadata":false},{"id":72650,"structure_id":13983,"section_number":"59.1-264","catch_line":"Written disclosure statement required","url":"\/59.1-264\/","token":"59.1\/21\/59.1-264","metadata":false},{"id":61483,"structure_id":13983,"section_number":"59.1-265","catch_line":"Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent","url":"\/59.1-265\/","token":"59.1\/21\/59.1-265","metadata":false},{"id":55055,"structure_id":13983,"section_number":"59.1-266","catch_line":"Prohibited acts","url":"\/59.1-266\/","token":"59.1\/21\/59.1-266","metadata":false},{"id":74129,"structure_id":13983,"section_number":"59.1-267","catch_line":"Contracts required to be in writing; contents","url":"\/59.1-267\/","token":"59.1\/21\/59.1-267","metadata":false},{"id":58503,"structure_id":13983,"section_number":"59.1-268","catch_line":"Purchaser's remedies","url":"\/59.1-268\/","token":"59.1\/21\/59.1-268","metadata":false},{"id":69026,"structure_id":13983,"section_number":"59.1-269","catch_line":"Penalty; limitation","url":"\/59.1-269\/","token":"59.1\/21\/59.1-269","metadata":false}],"previous_section":{"id":78004,"structure_id":13983,"section_number":"59.1-262","catch_line":"Short title","url":"\/59.1-262\/","token":"59.1\/21\/59.1-262","metadata":false},"next_section":{"id":72650,"structure_id":13983,"section_number":"59.1-264","catch_line":"Written disclosure statement required","url":"\/59.1-264\/","token":"59.1\/21\/59.1-264","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-263\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 523 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1985, chapter 242.<\/p>","references":[{"id":61483,"section_number":"59.1-265","catch_line":"Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent","order_by":null,"url":"\/59.1-265\/"}],"refers_to":[{"id":75080,"section_number":"13.1-501","catch_line":"Definitions","order_by":null,"url":"\/13.1-501\/"},{"id":74631,"section_number":"13.1-559","catch_line":"Definitions; applicability of chapter","order_by":null,"url":"\/13.1-559\/"},{"id":67296,"section_number":"59.1-21.10","catch_line":"Definitions","order_by":null,"url":"\/59.1-21.10\/"}],"permalink":{"id":260285,"object_type":"law","relational_id":59290,"identifier":"59.1-263","token":"59.1\/21\/59.1-263","url":"\/59.1-263\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-263\/","token":"59.1\/21\/59.1-263","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-263","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this chapter, “business opportunity<\/span>” means the sale of any products, equipment, supplies or services which are sold to a purchaser upon payment of an initial required consideration exceeding $500 for the purpose of enabling such purchaser to start a business, and in which the seller: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Represents that the seller will provide locations or assist the purchaser in finding<\/span> locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Represents that it will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold by the seller to the purchaser; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Guarantees that the purchaser will derive income from the business opportunity<\/span> which exceeds the price paid for the business opportunity<\/span>, or that the seller will refund all or part of the price paid for the business opportunity<\/span>, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Represents that the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity<\/span> which exceeds the price paid for the business opportunity<\/span>.\n\t\t\t\tB. Exclusions. — Such definition of “business opportunity<\/span>” shall not include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A security as defined by § 13.1-501<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A franchise as defined in subsection A of § 13.1-559<\/a> or § 59.1-21.10<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products or services to the general public under the retailer’s trademark, trade name or service mark, provided that such general merchandise retailer has been doing business in the Commonwealth continuously for five years prior to the granting of such license and such general merchandise retailer also sells the same goods, equipment, supplies, products or services directly to the general public; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A newspaper distribution system; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The sale of an on-going business. An “on-going business” as used herein is one which for at least twelve months previous to the sale: (i) has been operated from a specific location, (ii) has been open for business to the general public and (iii) has had all equipment and supplies necessary for operating the business located at such specific location; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The sale of sales demonstration equipment and materials<\/span> furnished at cost for use in making sales and not for resale; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A contract<\/span> or agreement by which a retailer of goods or services is granted the right to sell goods or services within, or appurtenant to, a retail business establishment as a department or division thereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 59.1-263)\n\nA. For purposes of this chapter, “business opportunity” means the\nsale of any products, equipment, supplies or services which are sold to a\npurchaser upon payment of an initial required consideration exceeding $500 for\nthe purpose of enabling such purchaser to start a business, and in which the\nseller:\n\n 1. Represents that the seller will provide locations or assist the purchaser\n in finding locations for the use or operation of vending machines, racks,\n display cases or other similar devices, or currency-operated amusement\n machines or devices, on premises neither owned nor leased by the purchaser or\n seller; or\n\n 2. Represents that it will purchase any or all products made, produced,\n fabricated, grown, bred or modified by the purchaser using in whole or in part\n the supplies, services or chattels sold by the seller to the purchaser; or\n\n 3. Guarantees that the purchaser will derive income from the business\n opportunity which exceeds the price paid for the business opportunity, or that\n the seller will refund all or part of the price paid for the business\n opportunity, or repurchase any of the products, equipment, supplies or\n chattels supplied by the seller, if the purchaser is not satisfied with the\n business opportunity; or\n\n 4. Represents that the seller will provide a sales program or marketing\n program which will enable the purchaser to derive income from the business\n opportunity which exceeds the price paid for the business opportunity.\n \t\t\t\tB. Exclusions. — Such definition of “business\n opportunity” shall not include the following:\n\n 1. A security as defined by § 13.1-501; or\n\n 2. A franchise as defined in subsection A of § 13.1-559 or §\n 59.1-21.10; or\n\n 3. A license granted by a general merchandise retailer which allows the\n licensee to sell goods, equipment, supplies, products or services to the\n general public under the retailer’s trademark, trade name or service\n mark, provided that such general merchandise retailer has been doing business\n in the Commonwealth continuously for five years prior to the granting of such\n license and such general merchandise retailer also sells the same goods,\n equipment, supplies, products or services directly to the general public; or\n\n 4. A newspaper distribution system; or\n\n 5. The sale of an on-going business. An “on-going business” as\n used herein is one which for at least twelve months previous to the sale: (i)\n has been operated from a specific location, (ii) has been open for business to\n the general public and (iii) has had all equipment and supplies necessary for\n operating the business located at such specific location; or\n\n 6. The sale of sales demonstration equipment and materials furnished at cost\n for use in making sales and not for resale; or\n\n 7. A contract or agreement by which a retailer of goods or services is granted\n the right to sell goods or services within, or appurtenant to, a retail\n business establishment as a department or division thereof.\n\nHISTORY: 1979, c. 523; 1985, c. 242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}