Sec. 4008.051. OFFEROR OR SELLER LIABILITY: REGISTRATION AND RELATED VIOLATIONS.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 41 (S.B. 1280), Sec. 1, eff. January 1, 2022.
(a) A person who offers or sells a security in violation of the following is liable to a person who buys the security from the offeror or seller:
(1) Section 4003.001(a), 4004.051, 4004.052, 4004.101(a), 4004.102(a), or 4007.103;
(2) Subchapter G, Chapter 4003, other than Section 4003.304, or a requirement of the commissioner under Subchapter G, Chapter 4003, other than Section 4003.304; or
(3) an order under Section 4007.101 or 4007.104.
(b) The buyer of the security may sue for:
(1) rescission; or
(2) damages if the buyer no longer owns the security.
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 41 (S.B. 1280), Sec. 1, eff. January 1, 2022.
Structure Texas Statutes
Chapter 4008 - Private Rights of Action
Subchapter B. Civil Liability for Issuance, Sale, or Purchase of Securities
Section 4008.051. Offeror or Seller Liability: Registration and Related Violations
Section 4008.052. Offeror or Seller Liability: Untruth or Omission
Section 4008.053. Buyer Liability
Section 4008.054. Nonselling Issuer Liability
Section 4008.055. Controlling Person or Aider Liability
Section 4008.058. Requirements of Rescission Offer to Buyers
Section 4008.059. Requirements of Rescission Offer to Sellers
Section 4008.060. Costs; Attorney's Fees
Section 4008.061. Limitation of Liability in Small Business Issuances