358-E:6 Remedies. –
I. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
II. Any distributor may bring an action under RSA 358-A for violation of this chapter to recover damages sustained by reason of such violation against the grantor or any other person who has materially participated or aided in making such sale. Said distributor may proceed against any escrowed or impounded funds or surety bond to recover damages.
III. (a) If the grantor has failed to register the distributorship or has failed to provide to a distributor a disclosure statement as required by this chapter, the distributor may elect to void the distributorship agreement. Notice of any such election shall be given by the distributor within 90 days after the distributor has knowledge of the failure of the grantor to comply with the requirements of this chapter to each person from whom recovery will be sought, by United States mail, return receipt requested, or by personal service.
(b) Upon receipt of such notice, the grantor or any other person who has materially participated or aided in making such sale may offer to return any consideration paid or to repurchase the distributorship for a price equal to the full amount paid, together with 6 percent interest on said amount from the date of payment, less any income received from the distributorship. Every offer shall be in writing, shall be delivered to the distributor or sent by United States mail, return receipt requested, addressed to the distributor, shall offer to return any consideration paid or to repurchase the distributorship for a price equal to the full amount paid together with 6 percent interest on said amount from the date of payment, less any income received by the distributor, and may require the distributor to return to the person making such offer all unsold goods, equipment, fixtures, leases and similar items received. Such offer shall continue in force for 15 days from the date on which it was received by the distributor, shall advise the distributor of such rights and the period of time limited for acceptance thereof, and shall contain such further information, if any, as the division may prescribe. If the offer is accepted, the grantor must pay all sums due within 10 days of its receipt of the acceptance.
(c) A distributor shall waive any right to proceed against the grantor for its failure to register or provide a disclosure statement if said distributor fails to accept an offer tendered pursuant to the provisions of paragraph III(a) and (b).