44-1998. Offers and sales; liability
A. In any case relating to securities offered or sold within or from this state,
any person who offers or sells a security by means of a prospectus or oral communication
that includes an untrue statement of a material fact or omits to state a material fact
necessary in order to make the statements, in light of the circumstances under which they
were made, not misleading is liable to the purchaser of the security from that person, as
long as the purchaser did not know of the untruth or omission, as provided by this
section. The purchaser may bring an action in any court or administrative forum of
competent jurisdiction to recover the consideration paid for the security with interest,
minus the amount of any income received from the security, on the tender of the security,
or for damages if the purchaser no longer owns the security. The person has the burden
of proof that the person did not know and in the exercise of reasonable care could not
have known of the untruth or omission. If the person meets the burden of proof, the
person is not liable. This subsection applies notwithstanding any exemption under
section 77c of the securities act of 1933 (15 United States Code sections 77a through
77bbbb), except for an exemption under subsection A, paragraph 2 of that section,
and notwithstanding any exemption under article 4 or 7 of this chapter, except for
section 44-1843, subsection A, paragraph 1.
B. In an action under subsection A of this section, if the person who offered or
sold the security proves that any portion or all of the amount recoverable under
subsection A of this section represents an amount other than the depreciation in value of
the subject security resulting from the asserted untruth or omission the portion or
amount is not recoverable.
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