State Codes and Statutes

Statutes > Maryland > Business-regulation > Title-14 > Subtitle-1 > 14-126

§ 14-126. Remedies for violation.
 

(a)  Voiding contract; refund; return of goods.-  

(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)  Action to recover damages.- 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)  Injunction.- On complaint that a seller has violated this subtitle, the circuit court may enjoin the seller from further violation. 

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

[An. Code 1957, art. 56, § 413; 1992, ch. 4, § 2; ch. 26, § 4; 1996, ch. 517.] 
 

State Codes and Statutes

Statutes > Maryland > Business-regulation > Title-14 > Subtitle-1 > 14-126

§ 14-126. Remedies for violation.
 

(a)  Voiding contract; refund; return of goods.-  

(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)  Action to recover damages.- 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)  Injunction.- On complaint that a seller has violated this subtitle, the circuit court may enjoin the seller from further violation. 

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

[An. Code 1957, art. 56, § 413; 1992, ch. 4, § 2; ch. 26, § 4; 1996, ch. 517.] 
 


State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Business-regulation > Title-14 > Subtitle-1 > 14-126

§ 14-126. Remedies for violation.
 

(a)  Voiding contract; refund; return of goods.-  

(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)  Action to recover damages.- 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)  Injunction.- On complaint that a seller has violated this subtitle, the circuit court may enjoin the seller from further violation. 

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

[An. Code 1957, art. 56, § 413; 1992, ch. 4, § 2; ch. 26, § 4; 1996, ch. 517.]