reglab/housing_qa huggingface dataset:
SC Code § 39-57-40 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 57 - Business Opportunity Sales Act|Section 39-57-40. Surety bond or trust account requirements.

 If the business opportunity seller makes any of the representations set forth in Section 39-57-20 (3), the seller must either have obtained a surety bond issued by a surety company authorized to do business in this State or have established a trust account with a licensed and insured bank or savings institution located in the State. The amount of the bond or trust account shall be an amount not less than fifty thousand dollars. The bond or trust account shall be in favor of the State. Any person who is damaged by any violation of this chapter or by the seller's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account.  HISTORY: 1980 Act No. 474, Section 4.
SC Code § 39-57-50 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 57 - Business Opportunity Sales Act|Section 39-57-50. Registration and filing information with Secretary of State; penalty for failure to file.

 (A) The seller of every business opportunity shall file with the Secretary of State a copy of the disclosure statement required by Section 39-57-30 before placing an advertisement or making other representations to prospective purchasers in this State and shall update this filing as a material change in the required information occurs, but no less than biennially. If the seller is required by Section 39-57-40 to provide a bond or establish a trust account, he contemporaneously shall file with the Secretary of State a copy of the bond or a copy of the formal notification by the depository that the trust account is established. The Secretary of State shall charge a nonrefundable filing fee of one hundred dollars for processing and maintaining the information filed by the seller.  (B) The Secretary of State shall maintain a record of all sellers registering under this chapter and shall assign a registration number to each. The seller must be advised in writing of the assigned registration number, and advertisements, pamphlets, or brochures used in the promotion of the business opportunity by the seller must include the assigned registration number in the following manner: "S.S. Reg. No. __________."  (C) A person who fails to file is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day a person fails to file constitutes a separate offense.  HISTORY: 1980 Act No. 474, Section 5; 1988 Act No. 604, Section 2, eff June 1, 1988; 1992 Act No. 501, Part II Section 9E, eff July 1, 1992.  Effect of Amendment  The 1988 amendment made grammatical changes and in subsection (a) added the last sentence relating to a nonrefundable filing fee.  The 1992 amendment changed the filing period from annual to biennial and changed the filing fee from $50 to $100.
SC Code § 39-57-60 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 57 - Business Opportunity Sales Act|Section 39-57-60. Seller prohibited from certain representations and acts.

 Business opportunity sellers shall not:  (1) Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representations are made;  (2) Use the trademark, service mark, trade names, logotype, 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 is not involved in the sale of the business opportunity;  (3) Make or authorize the making of any reference to its compliance with this article in any advertisement or other contact with prospective purchasers other than by setting forth the registration number as provided in Section 39-57-50(b);  (4) Identify any person as having profited from the business opportunity offered without providing a current address of such person, a description of the circumstances under which the profit was earned and disclosure of any interest held by such person in the business opportunity offered by seller.  HISTORY: 1980 Act No. 474, Section 6.
SC Code § 39-57-70 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 57 - Business Opportunity Sales Act|Section 39-57-70. Business opportunity contracts to be in writing; terms to be included.

 (a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract.  (b) Every contract for a business opportunity shall include the following:  (1) The terms and conditions of payment;  (2) A detailed description of the services that the business opportunity seller undertakes to perform for the purchaser;  (3) The seller's principal business address and the name and address of its agent in the State authorized to receive service of process;  (4) The approximate delivery date of any product, equipment or supplies the business opportunity seller is to deliver to the purchaser.  HISTORY: 1980 Act No. 474, Section 7.
SC Code § 39-57-80 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 57 - Business Opportunity Sales Act|Section 39-57-80. Purchaser may void contract; actions for damages; jurisdiction to enjoin violation; remedies not exclusive; violations constitute unfair trade practice.

 (a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the disclosures required by Section 39-57-30, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of Section 39-57-70, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business opportunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at purchaser's address or at the places at which they are located at the time notice is given, all products, equipment or supplies received by the purchaser. The purchaser, however, shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.  (b) Any purchaser injured by a violation of this chapter or by the business opportunity seller's breach of a contract or any obligation arising therefrom may bring an action for recovery of damages, including reasonable attorneys' fees.  (c) Upon complaint of any person that a business opportunity seller has violated this chapter, the court of common pleas shall have jurisdiction to enjoin the defendant from further violations.  (d) The remedies provided herein shall be in addition to any other remedies provided for by law or in equity.  (e) The violation of any provisions of this chapter shall constitute an unfair trade practice under Section 39-5-20 of the 1976 Code.  HISTORY: 1980 Act No. 474, Section 8.
SC Code § 39-59-10 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-10. Definitions.

 As used in this chapter:  (1) "Current Model" means a model listed in the wholesaler's, manufacturer's, or distributor's sales manual or any supplements to the manuals.  (2) "Current Net Price" means the price listed in the wholesaler's, manufacturer's, or distributor's current price list or catalog in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts.  (3) "Retailer" means any person engaged in the business of selling and retailing farm implements, machinery, utility and industrial, and yard and garden equipment, attachments or repair parts. The term also includes any person engaged in such business, his heirs, personal representative, or his guardian or the major stockholder of the business.  (4) "Inventory" means farm implements, machinery, utility and industrial, and yard and garden equipment, attachments, or repair parts.  (5) "Net Cost" means the price the retailer paid for the merchandise to the wholesaler, manufacturer, or distributor, less all applicable discounts allowed, plus the freight costs from the wholesaler, manufacturer, or distributor location to the retailer's location plus reasonable cost to assemble or disassemble.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-20 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-20. Repurchase of inventory upon termination of franchise agreement.

 Whenever any retailer enters into a franchise agreement, evidenced by a written contract, or oral contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory and the contract is terminated, the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this chapter. The retailer may keep the inventory if he desires. If the retailer has any outstanding debts to the wholesaler, manufacturer, or distributor, then the repurchase amount may be credited to the retailer's account.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-30 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-30. Repurchase of inventory within ninety days; handling costs.

 The wholesaler, manufacturer, or distributor shall repurchase the inventory previously purchased from him and held by the retailer within ninety days of the date of termination of the contract by either party. The wholesaler, manufacturer, or distributor shall pay one hundred percent of the net cost of all new, unsold, undamaged, and complete farm implements, machinery, utility, and industrial equipment, and attachments, ninety percent of the current net price of all new, unused, undamaged repair parts, and eighty-five percent of the new price of superseded parts. The wholesaler, manufacturer, or distributor shall pay the retailer five percent of the current net price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The wholesaler, manufacturer, or distributor may perform the handling, packing, and loading in lieu of paying the five percent for the services.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-40 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-40. Repurchase amount due within thirty days; title to inventory.

 The wholesaler, manufacturer, or distributor shall make payment of the full repurchase amount to the retailer not later than thirty days after the receipt of inventory as provided for in Section 39-59-30. Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer, or distributor.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-50 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-50. Limitations upon repurchase of certain inventory.

 The provisions of this chapter do not require the repurchase from a retailer of:  (1) Any repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, but not industrial "press on" or industrial pneumatic tires;  (2) Any single repair part which is priced as a set of two or more items;  (3) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;  (4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances;  (5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;  (6) Any farm implements, machinery, utility, and industrial equipment, and attachments which are not in new, unused, undamaged, complete condition;  (7) Any repair parts which are not in new, unused, undamaged condition;  (8) Any farm implements, machinery, utility, and industrial equipment, yard, and garden equipment, or attachments which were purchased thirty-six months or more prior to notice of termination of the contract;  (9) Any inventory which was ordered by the retailer on or after the actual receipt of the date of notification of termination of the contract;  (10) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-60 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-60. Liability for failure to make timely repurchase of inventory.

 If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in Section 39-59-30, he is civilly liable for one hundred percent of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's reasonable attorney's fees, court costs, and interest on the current net price computed at the legal rate of interest from the ninety-first day after contract termination.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-70 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-70. Repurchase of inventory upon death or incapacity of retailer.

 In the event of the death or incapacity of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall repurchase, at the option of the heir or retailer, as defined in item (3) of Section 39-59-10, the inventory from the heir or retailer, of the retailer or majority stockholder as if the wholesaler, manufacturer, or distributor had terminated the contract. The heir or retailer has one year from the date of the death of the retailer or majority stockholder to exercise his option under this chapter. Nothing in this chapter requires the repurchase of any inventory if the heir or retailer and wholesaler, manufacturer, or distributor enter into a new contract to operate the retail dealership.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-80 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-80. Security interests in inventory.

 The provision of this chapter may not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase is not subject to the provisions of Chapter 6 of Title 36. The retailer, wholesaler, manufacturer, or distributor may furnish a representative to inspect all parts and certify their acceptability when packed for shipment.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-90 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-90. Audit of books or records.

 The wholesaler, manufacturer, or distributor has no more than ninety days to audit the books or records regarding any pay-offs, floor plans material or goods and to make any collections from them. If the retailer is involved in any promotional contest or promotion scheme, the wholesaler, manufacturer, or distributor has no more than ninety days to audit any books or records in order to determine compliance with the regulations of the contest or scheme in order to make any collections from them. The ninety day period shall run concurrently with the time period provided for in Section 39-59-30.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-100 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-100. Warranty claims.

 All warranty claims made by the retailer to the wholesaler, manufacturer, or distributor, for labor and parts must be paid within thirty days following their approval. All warranty claims must be either approved or disapproved within thirty days after their receipt, and any claim not specifically disapproved in writing within thirty days after the receipt must be construed to be approved and payment must follow within thirty days. Any part that is subject to a warranty claim and the retailer is required by the manufacturer to hold a part or parts for inspection, the inspection must be accomplished within sixty days from the date of the filing of the subject claim, otherwise the retailer has the right to scrap such parts without prejudicing the claim.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-110 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-110. Indemnification of retailer.

 A wholesaler, manufacturer, or distributor shall fully indemnify and hold harmless its retailer against any losses, including but not limited to: court costs and reasonable attorney's fees, or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts or accessories, or other functions by the manufacturer, beyond the control of the dealer.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-120 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-120. Legal remedy for violation of chapter.

 Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of any unfair and deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, is in violation of this chapter, may bring a civil action in a court of competent jurisdiction in this State to enjoin further violations, to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney's fee.  HISTORY: 1984 Act No. 326.
SC Code § 39-59-130 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.|Section 39-59-130. Limitations period.

 Any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the facts constituting a violation of the provisions of this chapter.  HISTORY: 1984 Act No. 326.
SC Code § 39-61-10 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 61 - Motor Club Services Act|Section 39-61-10. Short title.

 This chapter is known and may be cited as the "Motor Club Services Act".  HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.  Editor's Note  This section is derived from former Section 38-50-10.
SC Code § 39-61-20 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 61 - Motor Club Services Act|Section 39-61-20. Definitions.

 As used in this chapter:  (a) "Administrator" means the Administrator of the Department of Consumer Affairs.  (b) "Club" means a person engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. This definition does not include an entity that enters into a service contract with a club licensed under this chapter for the provision of emergency road service and towing service to the customers of the entity.  (c) "Club representative" means any individual in this State designated by the club who acts or aids in any manner in the solicitation, negotiation, or renewal of service contracts. This definition does not include any individual performing only work of a clerical nature in the office of a club or providing an application to a potential club member.  (d) "Insurance service" means any act by a club to sell or furnish to a member insurance benefits, including, but not limited to, accidental injury and death benefits when the insurance is issued only by an insurance company duly authorized to do business in this State.  (e) "Motor club service" means the rendering, furnishing, or procuring of, or reimbursement for, any of the following: towing service, bail and arrest bond service, emergency road service, claim adjustment service, legal service, theft service, map service, emergency travel expense service, community traffic safety service, license service, merchandise and discount service, travel, touring, and travel information service, guaranteed hotel/motel rates service, new car pricing service, financial service, check cashing service, personal property registration service, credit card service, insurance service, and buying and selling service to any member of the club.  (f) "Service contract" means any written agreement whereby any club, for a consideration, promises to render, furnish, or procure for any member a motor club service.  HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988; 2012 Act No. 127, Section 1, eff March 13, 2012.  Editor's Note  This section is derived from former Section 38-50-20.  Effect of Amendment  The 2012 amendment rewrote subsection (b).
SC Code § 39-61-30 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 61 - Motor Club Services Act|Section 39-61-30. Deposit of cash, securities, or bonds.

 A club may not render or agree to render a motor club service without first depositing and thereafter continuously maintaining the amount of fifty thousand dollars in cash or securities approved by the Administrator or, in lieu thereof, a bond in the amount of fifty thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any members who may have a cause of action against the club.  HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.  Editor's Note  This section is derived from former Section 38-50-30.