(a) If a seller guarantees that a buyer will derive from a business opportunity income that will exceed the price paid for the business opportunity or represents that the seller will refund all or part of the price paid or repurchase the products, equipment, or supplies sold or leased by the seller if the buyer is not satisfied with the business opportunity, the seller shall:
(1) get a surety bond in favor of the State from a surety company authorized to do business in the State; or
(2) establish a trust account in favor of the State with an insured bank or savings institution in the State.
(b) The amount of the bond or trust account shall be at least $50,000.
(c) (1) A person may bring an action against the bond or trust account to recover damages resulting from:
(i) a violation of this subtitle; or
(ii) the seller’s breach of the contract for the sale of a business opportunity.
(2) The surety or trustee is liable only for actual damages up to the amount of the bond or trust account.
Structure Maryland Statutes
Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies
Subtitle 1 - Business Opportunities
Section 14-102 - Legislative Policy
Section 14-103 - Scope of Subtitle
Section 14-106 - Orders, Regulations, and Forms
Section 14-107 - Publication of Information
Section 14-108 - Investigations
Section 14-110 - Civil Enforcement of Subtitle
Section 14-111 - Miscellaneous Powers
Section 14-112 - Privilege Against Self-Incrimination
Section 14-113 - Registration of Business Opportunity Required
Section 14-113.1 - Registration of Business Opportunity
Section 14-114 - Disclosure Statement
Section 14-115 - Bond or Trust Account
Section 14-116 - Amendments to Documents
Section 14-118 - Contracts for the Sale of Business Opportunities
Section 14-119 - Denial of Effectiveness to Registration, Suspension, or Revocation of Registrations
Section 14-120 - Untrue Statements or Omissions of Material Facts
Section 14-121 - Fraud or Deceit
Section 14-122 - Representations of Income or Earning Potential
Section 14-123 - Use of Commercial Symbol
Section 14-124 - Reference to Compliance
Section 14-125 - Failure to Deliver Products, Equipment, or Supplies
Section 14-126 - Remedies for Violation
Section 14-127 - False or Misleading Statement or Omission of Material Fact