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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Except as provided by Subsection (c), a person who offers to buy or buys a security and to whom another person sells the security is liable to the seller, regardless of whether the security or transaction is exempt under Chapter 4005, if the person offers to buy or buys the security by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.
(b) The seller may sue for:
(1) rescission; or
(2) damages if the buyer no longer owns the security.
(c) A person who offers to buy or buys a security is not liable under Subsection (a) if the offeror or buyer sustains the burden of proof that either:
(1) the seller knew of the untruth or omission; or
(2) the offeror or buyer did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 4008.053. Buyer Liability - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-4008-053/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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