State Codes and Statutes
Statutes > Missouri > T26 > C409 > 409_1006Civil remedies.
409.1006. 1. If a business opportunity seller uses untrue ormisleading statements in the sale of a business opportunity, fails to givethe proper disclosures, or fails to deliver the equipment, supplies orproducts necessary to begin substantial operation of the business withinforty-five days of the delivery date stated in the business opportunitycontract, the purchaser may, within one year of the date of the executionof the contract and upon written notice to the seller, rescind the contractand the purchaser shall be entitled to receive from the businessopportunity seller all sums paid to the business seller. Upon receipt ofsuch sums, the purchaser shall make available to the seller at thepurchaser's address, or at the places at which the purchaser is located atthe time notice is given, all products, equipment or supplies received bythe purchaser. The purchaser shall not be entitled to unjust enrichment byexercising the remedies provided in this subsection.
2. Any purchaser injured by a violation of sections 409.1000 to409.1006 or by the business opportunity seller's breach of a contractsubject to sections 409.1000 to 409.1006 or any obligation arisingtherefrom, may bring an action for recovery of damages, includingreasonable attorney's fees.
3. Upon complaint of any person that a business opportunity sellerhas violated the provisions of sections 409.1000 to 409.1006, the circuitcourt shall have jurisdiction to enjoin the defendant from any furtherviolations.
4. The remedies provided in this section shall be in addition to anyother remedies provided by law or in equity.
(L. 2000 S.B. 896 § 407.2021)
