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Texas Business & Commerce Code - Section 41.301. Prohibited Acts

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 41.301. Prohibited Acts

§ 41.301. PROHIBITED ACTS. A seller may not: (1) employ a representation, device, scheme, or artifice to deceive a purchaser; (2) make an untrue statement of a material fact or omit to state a material fact in connection with the documents and information required to be furnished to the secretary of state or purchaser; (3) represent that the business opportunity provides or will provide income or earning potential unless the seller: (A) has documented data to substantiate the claims of income or earning potential; and (B) discloses the data to the purchaser when the representation is made; or (4) make a claim or representation in advertising or promotional material or in an oral sales presentation, solicitation, or discussion between the seller and the purchaser that is inconsistent with the information required to be disclosed by this chapter. Added by Acts 1997, 75th Leg., ch. 1008, § 5, eff. Sept. 1, 1997.

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Last modified: August 10, 2007