(a) Any franchisee who has declared the franchise void under § 13.1-565 or who has suffered damages by reason of any violation of § 13.1-564 may bring an action against its franchisor to recover the damages sustained by reason thereof. Such franchisee, if successful, shall also be entitled to the costs of the action, including reasonable attorney's fees.
(b) No suit shall be maintained to enforce any liability created under this section unless brought within four years after the cause of action upon which it is based arose.
(c) Any condition, stipulation or provision binding any person to waive compliance with any provision of this chapter or of any rule or order thereunder shall be void; provided, however, that nothing contained herein shall bar the right of a franchisor and franchisee to agree to binding arbitration of disputes consistent with the provisions of this chapter.
(d) The rights and remedies provided by this section shall be in addition to any and all other rights and remedies that may exist at law or in equity.
1972, c. 561.
Structure Code of Virginia
Chapter 8 - Retail Franchising Act
§ 13.1-558. Policy of the Commonwealth
§ 13.1-559. Definitions; applicability of chapter
§ 13.1-560. Registration required
§ 13.1-561. Procedure for registration; bond; renewal; fee
§ 13.1-561.1. Fees to cover expense of regulation
§ 13.1-562. Revocation of or refusal to renew registration
§ 13.1-564. Unlawful cancellation of franchise; undue influence
§ 13.1-565. Voidable franchises
§ 13.1-566. Service of process on nonresident franchisor
§ 13.1-567. Investigations; confidentiality of information and documents
§ 13.1-569.1. Commission may transmit record or complaint to locality where violation occurred
§ 13.1-570. Violations punishable by Commission
§ 13.1-573. Certain records of Commission available to public; admissibility of copies; destruction