reglab/housing_qa huggingface dataset:
NE Code § 59-1737 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1737 - Disclosure document; disclose period of time plan sold or offered.

59-1737.  Disclosure document; disclose period of time plan sold or offered.The disclosure document required by section 59-1732 shall contain the length of time the seller of the plan has sold seller-assisted marketing plans, and the length of time the seller has sold the specific seller-assisted marketing plan being offered to the purchaser.Source   Laws 1979, LB 180, § 37;   Laws 1983, LB 461, § 6.
NE Code § 59-1738 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1738 - Disclosure document; disclose existence of bond or trust account.

59-1738.  Disclosure document; disclose existence of bond or trust account.If the seller is required to secure a bond or establish a trust account pursuant to the requirements of sections 59-1726 to 59-1728, the disclosure document required by section 59-1732 shall state either:(1) Seller has secured a bond issued by ............., (name and address of surety company) a surety company admitted to do business in this state. Before signing a contract to purchase this seller-assisted marketing plan, you should check with the surety company to determine the bond's current status; or(2) Seller has deposited with the Department of Banking and Finance information regarding its trust account. Before signing a contract to purchase this seller-assisted marketing plan, you should check with the Department of Banking and Finance to determine the current status of the trust account.Source   Laws 1979, LB 180, § 38;   Laws 1983, LB 461, § 7.
NE Code § 59-1739 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1739 - Disclosure document; contain financial information; verification.

59-1739.  Disclosure document; contain financial information; verification.The disclosure document required by section 59-1732 shall contain a copy of a financial statement of the seller, not more than twelve months old, together with a statement of any material changes in the financial condition of the seller from the date thereof. Such financial statement shall either be audited or be signed under penalty of perjury by one of the seller's officers, directors, trustees, general or limited partners, or limited liability company members. The declaration under penalty of perjury shall indicate that to the best of the signatory's knowledge and belief the information in the financial statement is true and accurate. If a seller is a subsidiary of another corporation which is permitted by generally accepted accounting standards to prepare financial statements on a consolidated basis, the information required by this section may be submitted in the same manner for the parent corporation if the corresponding financial statement of the seller is also provided and the parent corporation absolutely and irrevocably has agreed to guarantee all obligations of the seller.Source   Laws 1979, LB 180, § 39;   Laws 1983, LB 461, § 8;   Laws 1993, LB 121, § 381;   Laws 1994, LB 884, § 78.
NE Code § 59-1740 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1740 - Disclosure document; contain unexecuted copy of marketing plan contract.

59-1740.  Disclosure document; contain unexecuted copy of marketing plan contract.The disclosure document required by section 59-1732 shall contain an unexecuted copy of the entire seller-assisted marketing plan contract.Source   Laws 1979, LB 180, § 40;   Laws 1983, LB 461, § 9.
NE Code § 59-1741 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1741 - Seller-assisted marketing plan; contract for sale or lease; written; copy to purchaser.

59-1741.  Seller-assisted marketing plan; contract for sale or lease; written; copy to purchaser.Every contract for sale or lease of a seller-assisted marketing plan in this state shall be in writing and shall be subject to the provisions of the Seller-Assisted Marketing Plan Act. A copy of the fully completed contract and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time such documents are signed.Source   Laws 1979, LB 180, § 41;   Laws 1993, LB 218, § 16.
NE Code § 59-1742 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1742 - Marketing plan contract; contents; requirements.

59-1742.  Marketing plan contract; contents; requirements.Every seller-assisted marketing plan contract shall set forth in at least ten-point type or equivalent size if handwritten, the following:(1) The terms and conditions of payment including the initial payment, additional payments, and downpayment required;(2) A full and detailed description of the acts or services the seller will undertake to perform for the purchaser;(3) The seller's principal business address and the name and address of its agent in the State of Nebraska authorized to receive service of process;(4) The business form of the seller, whether a corporation, partnership, limited liability company, or otherwise;(5) The delivery date or, when the contract provides for a staggered delivery of items to the purchaser, the approximate delivery date of those products, equipment, or supplies the seller is to deliver to the purchaser to enable the purchaser to begin or maintain his or her business and whether the products, equipment, or supplies are to be delivered to the purchaser's home or business address or are to be placed or caused to be placed by the seller at locations owned or managed by persons other than the purchaser;(6) A complete description of the nature of the buy-back or security arrangement, if the seller has represented orally or in writing when selling or leasing, soliciting, or offering a seller-assisted marketing plan that there is a buy-back or that the initial payment is secured; and(7) A statement which accurately sets forth a purchaser's right to void the contract under the circumstances and in the manner set forth in sections 59-1752 to 59-1755.Source   Laws 1979, LB 180, § 42;   Laws 1993, LB 121, § 382.
NE Code § 59-1743 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1743 - Marketing plan contract; purchaser; right to cancel; when.

59-1743.  Marketing plan contract; purchaser; right to cancel; when.The purchaser shall have the right to cancel a seller-assisted marketing plan contract for any reason at any time within three business days of the date the purchaser and the seller sign the contract pursuant to section 59-1744. The notice of the right to cancel and the procedures to be followed when a contract is canceled shall comply with sections 59-1743 and 59-1744.Source  Laws 1979, LB 180, § 43.
NE Code § 59-1744 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1744 - Marketing plan contract; contain notice of right to cancel.

59-1744.  Marketing plan contract; contain notice of right to cancel.Every seller-assisted marketing plan contract shall set forth immediately above the place at which the purchaser signs the contract in at least ten-point type the following:You have three business days in which you may cancel this contract for any reason by mailing or delivering written notice to the seller-assisted marketing plan seller. The three business days shall expire on ........................, (last date to mail or deliver notice) and notice of cancellation should be mailed to ........................................, (seller-assisted marketing plan seller's name and business street address). If you choose to mail your notice, it must be placed in the United States mail properly addressed, first-class postage prepaid, and postmarked before midnight of the above date. If you choose to deliver your notice to the seller directly, it must be delivered to him or her by the end of his or her normal business day on the above date. Within five business days of receipt of the notice of cancellation, the seller shall return to the purchaser all sums paid by the purchaser to the seller pursuant to this contract. Within five business days after receipt of all such sums, the purchaser shall make available at his or her address or at the place at which they were caused to be located, all equipment, products, and supplies provided to the purchaser pursuant to this contract. Upon demand of the seller, such equipment, products, and supplies shall be made available at the time the purchaser receives full repayment by cash, money order, or certified check.Source  Laws 1979, LB 180, § 44.
NE Code § 59-1745 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1745 - Marketing plan contract; execution of certain notes prohibited.

59-1745.  Marketing plan contract; execution of certain notes prohibited.No seller-assisted marketing plan contract shall require or entail the execution of any note or series of notes by the purchaser which, when separately negotiated, will cut off as to third parties any right of action or defense which the purchaser may have against the seller.Source  Laws 1979, LB 180, § 45.
NE Code § 59-1746 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1746 - Marketing plan contract; downpayment; conditions.

59-1746.  Marketing plan contract; downpayment; conditions.If the contract referred to in section 59-1741 provides for a downpayment to be paid to the seller, the downpayment shall not exceed twenty percent of the initial payment amount. In no event shall the contract payment schedule provide for the seller to receive more than twenty percent of the initial payment before delivery to the purchaser, or to the place at which they are to be located, the equipment, supplies, or products, unless all sums in excess of twenty percent are placed in an escrow account which cannot be released until the purchaser notifies the escrow agent in writing of the delivery of such equipment, supplies, or products. Notification of delivery by the purchaser to the escrow agent shall not be unreasonably withheld.Source  Laws 1979, LB 180, § 46.
NE Code § 59-1747 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1747 - Marketing plan contract; assignee; rights, defenses.

59-1747.  Marketing plan contract; assignee; rights, defenses.Any assignee of the seller-assisted marketing plan contract or the seller's rights is subject to all equities, rights, and defenses of the purchaser against the seller.Source  Laws 1979, LB 180, § 47.
NE Code § 59-1748 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1748 - Reference to compliance with act; prohibited.

59-1748.  Reference to compliance with act; prohibited.No seller shall make or authorize the making of any reference to its compliance with the Seller-Assisted Marketing Plan Act.Source   Laws 1979, LB 180, § 48;   Laws 1993, LB 218, § 17.
NE Code § 59-1749 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1749 - Marketing plan; seller; records required.

59-1749.  Marketing plan; seller; records required.Every seller subject to the Seller-Assisted Marketing Plan Act shall at all times keep and maintain a complete set of books, records, and accounts of seller-assisted marketing plan sales made by the seller. All documents relating to each specific seller-assisted marketing plan sold or leased shall be maintained for four years after the date of the seller-assisted marketing plan contract.Source   Laws 1979, LB 180, § 49;  Laws 2003, LB 217, § 43.
NE Code § 59-1750 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1750 - Seller-assisted marketing plan; service of process.

59-1750.  Seller-assisted marketing plan; service of process.Selling or offering to sell a seller-assisted marketing plan in this state shall constitute sufficient contact with this state for the exercise of personal jurisdiction over the seller in any action arising under the Seller-Assisted Marketing Plan Act.Source   Laws 1979, LB 180, § 50;   Laws 1983, LB 447, § 77;   Laws 1993, LB 218, § 18.
NE Code § 59-1751 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1751 - Seller; surety bond or trust account; establish; procedures.

59-1751.  Seller; surety bond or trust account; establish; procedures.If, pursuant to section 59-1728, a seller must obtain a surety bond or establish a trust account, the following procedures shall apply:(1) If a bond is obtained, a copy of it shall be filed with the Department of Banking and Finance, and if a trust account is established, notification of the depository, the trustee, and the account number shall be filed with the Department of Banking and Finance;(2) The bond or trust account required shall run in favor of the State of Nebraska for the benefit of any person who is damaged by any violation of the Seller-Assisted Marketing Plan Act or by the seller's breach of a contract subject to the act or of any obligation arising therefrom. The bond or trust account shall also run in favor of any person damaged by such practices;(3) Any person claiming against the bond or trust account for a violation of the act may maintain an action at law against the seller and the surety or trustee. The aggregate liability of the surety or trustee to all persons damaged by a seller's violation of the act shall in no event exceed the amount of the bond or trust account; and(4) The bond or the trust account shall be in an amount equal to the total amount of the initial payment of all seller-assisted marketing plan contracts which the seller has entered into during the previous year or three hundred thousand dollars, whichever is less, but in no case shall the amount be less than fifty thousand dollars. The amount required shall be adjusted twice a year. Such adjustment shall occur no later than the tenth day of the first month of the seller's fiscal year and no later than the tenth day of the seventh month of the seller's fiscal year. A seller need only establish a bond or trust account in the amount of fifty thousand dollars at the commencement of business and during the first six months the seller is in business. By the tenth day of the seller's seventh month in business, the amount of the bond shall be established as provided for in this section as if the seller had been in business for a year.Source   Laws 1979, LB 180, § 51;   Laws 1993, LB 218, § 19.
NE Code § 59-1752 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1752 - Seller; noncompliance with act; contract; voidable; purchaser; remedies.

59-1752.  Seller; noncompliance with act; contract; voidable; purchaser; remedies.If (1) a seller uses any untrue or misleading statements relating to a seller-assisted marketing plan, (2) a seller fails to provide the disclosure documents or disclose any of the information required by sections 59-1732 to 59-1740, or (3) the contract does not comply with the requirements of the Seller-Assisted Marketing Plan Act, then within one year of the date of the contract at the election of the purchaser upon written notice to the seller, the contract shall be voidable by the purchaser and unenforceable by the seller or his or her assignee as contrary to public policy and the purchaser shall be entitled to receive from the seller all sums paid to the seller when the purchaser is able to return all equipment, supplies, or products delivered by the seller. When such complete return cannot be made, the purchaser shall be entitled to receive from the seller all sums paid to the seller less the fair market value at the time of delivery of the equipment, supplies, or products not returned by the purchaser, but delivered by the seller. Upon the receipt of such sums, the purchaser shall make available to the seller, at the purchaser's address or at the places at which they are located at the time the purchaser gives notice pursuant to this section, the products, equipment, or supplies received by the purchaser from the seller.Source   Laws 1979, LB 180, § 52;   Laws 1993, LB 218, § 20.
NE Code § 59-1753 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1753 - Seller; inadvertent defects; cure; purchaser; rights.

59-1753.  Seller; inadvertent defects; cure; purchaser; rights.If the seller inadvertently has failed to make any of the disclosures required by sections 59-1732 to 59-1740 or the contract inadvertently fails to comply with the requirements of the Seller-Assisted Marketing Plan Act, the seller may cure such inadvertent defect by providing the purchaser with the correct disclosure documents or contract if at the time of providing such correct disclosures or contract the seller also informs the purchaser in writing that because of the seller's error, the purchaser shall have an additional fifteen-day period after receipt of the correct disclosures or contract within which to cancel the contract and receive a full return of all money paid in exchange for return of whatever equipment, supplies, or products the purchaser has. If the purchaser does not cancel the contract within fifteen days after receipt of the correct disclosures or contract, he or she may not in the future exercise his or her right to void the contract under this section and sections 59-1752, 59-1754, and 59-1755 due to such noncompliance with the disclosure or contract requirements of the act.Source   Laws 1979, LB 180, § 53;   Laws 1993, LB 218, § 21.
NE Code § 59-1754 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1754 - Seller; failure to deliver products; contract voidable.

59-1754.  Seller; failure to deliver products; contract voidable.If a seller fails to deliver the equipment, supplies, or products within thirty days of the delivery date stated in the contract, unless such delivery delay is beyond the control of the seller, then at any time prior to delivery or within thirty days after delivery, at the election of the purchaser upon written notice to the seller, the contract shall be voidable by the purchaser and unenforceable by the seller or his or her assignee.Source  Laws 1979, LB 180, § 54.
NE Code § 59-1755 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1755 - Purchaser rights; cumulative.

59-1755.  Purchaser rights; cumulative.The rights of the purchaser set forth in sections 59-1752 to 59-1754 shall be cumulative to all other rights under the Seller-Assisted Marketing Plan Act or otherwise.Source   Laws 1979, LB 180, § 55;   Laws 1993, LB 218, § 22.
NE Code § 59-1756 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1756 - Purchaser; waiver of rights; unenforceable.

59-1756.  Purchaser; waiver of rights; unenforceable.Any waiver by a purchaser of the provisions of the Seller-Assisted Marketing Plan Act shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a seller to have a purchaser waive rights given by the act shall be a violation of the act.Source   Laws 1979, LB 180, § 56;   Laws 1993, LB 218, § 23.
NE Code § 59-1757 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1757 - Prohibited acts; violation; penalty; enforcement.

59-1757.  Prohibited acts; violation; penalty; enforcement.(1) No person shall, in connection with the offer, purchase, lease, or sale of any seller-assisted marketing plan:(a) Use the trademark, service mark, trade name, logotype, or advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity unless it is clear from the circumstances that the owner of the commercial symbol has knowledge of and consents to such use and is not involved in the sale of the business opportunity;(b) Make any claim or representation in advertising or promotional material or in any oral sales presentation, solicitation, or discussion between the seller and a prospective purchaser which is inconsistent with the information required to be disclosed by the Seller-Assisted Marketing Plan Act;(c) Make or cause to be made any representation to any prospective purchaser that the Department of Banking and Finance has found any document filed under the act to be true, complete, and not misleading or has passed in any way upon the merits of or recommended or given approval to any seller-assisted marketing plan; or(d) Directly or indirectly (i) employ any device, scheme, or artifice to defraud, (ii) make any untrue statement of a material fact or omit to state a material fact, or (iii) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.(2) Any person, including, but not limited to, the seller, a salesperson, agent, or representative of the seller, or an independent contractor who attempts to sell or lease or sells or leases a seller-assisted marketing plan, who willfully violates any provision of the act or any order issued pursuant to section 59-1725.01 in connection with the offer, purchase, lease, or sale of any seller-assisted marketing plan shall be guilty of a Class IV felony.(3) The Director of Banking and Finance may refer such evidence as is available concerning violations of the Seller-Assisted Marketing Plan Act or any order of the director to the Attorney General or county attorney who may, with or without reference from the director, initiate criminal proceedings pursuant to the act.Source   Laws 1979, LB 180, § 57;   Laws 1993, LB 218, § 24.
NE Code § 59-1758 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1758 - Violation; action for recovery of damages; award; statute of limitations.

59-1758.  Violation; action for recovery of damages; award; statute of limitations.(1) Any purchaser injured by a violation of the Seller-Assisted Marketing Plan Act or by the seller's breach of a contract subject to the act or of any obligation arising from the sale or lease of the seller-assisted marketing plan may bring an action for recovery of damages. Judgment shall be entered for actual damages suffered by the purchaser, plus reasonable attorney's fees and costs. When the purchaser is able to return all the equipment, supplies, or products delivered by the seller, the actual damages awarded shall not be less than the amount of the initial payment. When such complete return cannot be made, the actual damages awarded shall not be less than the amount of the initial payment less the fair market value at the time of delivery of the equipment, supplies, or products that cannot be returned but were actually delivered by the seller.(2) Any action brought pursuant to this section shall be commenced within five years of the date of the sale of the seller-assisted marketing plan.Source   Laws 1979, LB 180, § 58;   Laws 1993, LB 218, § 25.
NE Code § 59-1758.01 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1758.01 - Burden of proof.

59-1758.01.  Burden of proof.In any proceeding under the provisions of the Seller-Assisted Marketing Plan Act, the burden of proving an exemption or an exclusion from a definition or from the provisions of the act shall be upon the person claiming it.Source   Laws 1993, LB 218, § 26;  Laws 2003, LB 217, § 45.