Section 687. Fraudulent and unlawful practices  


Latest version.
  • 1. It is unlawful for any
      person  to  make  any  untrue  statement  of  a  material  fact  in  any
      application,  notice,  statement,  prospectus  or  report filed with the
      department under this article, or wilfully to omit to state in any  such
      application,  notice,  statement, prospectus or report any material fact
      which is required to be  stated  therein,  or  to  fail  to  notify  the
      department of any material change as required by this article.
        2.  It is unlawful for a person, in connection with the offer, sale or
      purchase of any franchise, to directly or indirectly:
        (a) Employ any device, scheme, or artifice to defraud.
        (b) Make any untrue statement of a material fact or omit  to  state  a
      material  fact  necessary  in  order to make the statements made, in the
      light of the circumstances under which they were made,  not  misleading.
      It  is an affirmative defense to one accused of omitting to state such a
      material fact that said omission was not an intentional act.
        (c) Engage in any act, practice, or course of business which  operates
      or would operate as a fraud or deceit upon any person.
        3.  It  is  unlawful  for  any person to violate any provision of this
      article, or any rule of the department  promulgated  hereunder,  or  any
      condition  to  the  effectiveness  of  the  registration  of an offering
      prospectus or of an exemption from the registration provisions  of  this
      article.
        4.  Any  condition,  stipulation,  or provision purporting to bind any
      person acquiring any franchise to waive compliance with any provision of
      this law, or rule promulgated hereunder, shall be void.
        5. It is unlawful to require a franchisee  to  assent  to  a  release,
      assignment,  novation,  waiver  or estoppel which would relieve a person
      from any duty or liability imposed by this article.