{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-268.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-268.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-268.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-268.html"}],"law_id":58503,"edition_id":1,"section_id":58503,"structure_id":13983,"section_number":"59.1-268","catch_line":"Purchaser’s remedies","history":"1979, c. 523.","full_text":"If a business opportunity seller (i) uses any untrue or misleading statements in the sale of a business opportunity, (ii) fails to give the proper disclosures in the manner required by \u00a7 59.1-264, or (iii) fails to deliver the equipment, supplies, product or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of \u00a7 59.1-267, 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 the purchaser’s address or at the places at which they are located at the time such notice is given, all product, products, equipment and supplies received by the purchaser. No purchaser shall be entitled to any unjust enrichment by exercise of the remedies provided in this subsection.\n\t\tAny purchaser injured by (i) a violation of this chapter, (ii) the business opportunity seller’s breach of a contract subject to this chapter, or (iii) by any obligation arising therefrom may bring a civil action for recovery of damages, including reasonable attorney’s fees.\n\t\tUpon complaint of any person that a business opportunity seller has violated the provisions of this chapter, the circuit court wherein the violation is alleged to have occurred shall have jurisdiction to enjoin such seller from further violations of this chapter.\n\t\tThe remedies provided herein shall be in addition to any other remedies provided for by law or in equity.","order_by":null,"text":{"0":{"id":214416,"text":"If a business opportunity seller (i) uses any untrue or misleading statements in the sale of a business opportunity, (ii) fails to give the proper disclosures in the manner required by \u00a7 59.1-264, or (iii) fails to deliver the equipment, supplies, product or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of \u00a7 59.1-267, 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 the purchaser’s address or at the places at which they are located at the time such notice is given, all product, products, equipment and supplies received by the purchaser. No purchaser shall be entitled to any unjust enrichment by exercise of the remedies provided in this subsection.\n\t\tAny purchaser injured by (i) a violation of this chapter, (ii) the business opportunity seller’s breach of a contract subject to this chapter, or (iii) by any obligation arising therefrom may bring a civil action for recovery of damages, including reasonable attorney’s fees.\n\t\tUpon complaint of any person that a business opportunity seller has violated the provisions of this chapter, the circuit court wherein the violation is alleged to have occurred shall have jurisdiction to enjoin such seller from further violations of this chapter.\n\t\tThe remedies provided herein shall be in addition to any other remedies provided for by law or in equity.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-268\/","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.<\/p>","references":false,"refers_to":[{"id":72650,"section_number":"59.1-264","catch_line":"Written disclosure statement required","order_by":null,"url":"\/59.1-264\/"},{"id":74129,"section_number":"59.1-267","catch_line":"Contracts required to be in writing; contents","order_by":null,"url":"\/59.1-267\/"}],"permalink":{"id":260305,"object_type":"law","relational_id":58503,"identifier":"59.1-268","token":"59.1\/21\/59.1-268","url":"\/59.1-268\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-268\/","token":"59.1\/21\/59.1-268","dublin_core":{"Title":"Purchaser’s remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-268","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a business opportunity seller (i) uses any untrue or misleading statements in the sale of a business opportunity, (ii) fails to give the proper disclosures in the manner required by \u00a7 59.1-264<\/a>, or (iii) fails to deliver the equipment, supplies, product or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract<\/span>, or if the contract<\/span> does not comply with the requirements of \u00a7 59.1-267<\/a>, then, within one year of the date of the contract<\/span>, upon written notice to seller, the purchaser may void the contract<\/span> 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 the purchaser’s address or at the places at which they are located at the time such notice is given, all product, products, equipment and supplies received by the purchaser. No purchaser shall be entitled to any unjust enrichment by exercise of the remedies provided in this subsection.\n\t\tAny purchaser injured by (i) a violation of this chapter, (ii) the business opportunity seller’s breach of a contract<\/span> subject to this chapter, or (iii) by any obligation arising therefrom may bring a civil action<\/span> for recovery of damages<\/span>, including reasonable attorney’s fees.\n\t\tUpon complaint of any person that a business opportunity seller has violated the provisions of this chapter, the circuit<\/span> court<\/span> wherein the violation is alleged to have occurred shall have jurisdiction<\/span> to enjoin such seller from further violations of this chapter.\n\t\tThe remedies provided herein shall be in addition to any other remedies provided for by law<\/span> or in equity<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASER’S REMEDIES (\u00a7 59.1-268)\n\nIf a business opportunity seller (i) uses any untrue or misleading statements in\nthe sale of a business opportunity, (ii) fails to give the proper disclosures in\nthe manner required by \u00a7 59.1-264, or (iii) fails to deliver the equipment,\nsupplies, product or products necessary to begin substantial operation of the\nbusiness within forty-five days of the delivery date stated in the business\nopportunity contract, or if the contract does not comply with the requirements\nof \u00a7 59.1-267, then, within one year of the date of the contract, upon written\nnotice to seller, the purchaser may void the contract and shall be entitled to\nreceive from the business opportunity seller all sums paid to the business\nopportunity seller. Upon receipt of such sums, the purchaser shall make\navailable to the seller at the purchaser’s address or at the places at\nwhich they are located at the time such notice is given, all product, products,\nequipment and supplies received by the purchaser. No purchaser shall be entitled\nto any unjust enrichment by exercise of the remedies provided in this\nsubsection.\n\t\tAny purchaser injured by (i) a violation of this chapter, (ii) the business\nopportunity seller’s breach of a contract subject to this chapter, or\n(iii) by any obligation arising therefrom may bring a civil action for recovery\nof damages, including reasonable attorney’s fees.\n\t\tUpon complaint of any person that a business opportunity seller has violated\nthe provisions of this chapter, the circuit court wherein the violation is\nalleged to have occurred shall have jurisdiction to enjoin such seller from\nfurther violations of this chapter.\n\t\tThe remedies provided herein shall be in addition to any other remedies\nprovided for by law or in equity.\n\nHISTORY: 1979, c. 523.","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}}