2006 Code of Virginia § 59.1-198 - Definitions

59.1-198. Definitions.

As used in this chapter:

"Business opportunity" means the sale of any products, equipment, suppliesor services which are sold to an individual for the purpose of enabling suchindividual to start a business to be operated out of his residence, but doesnot include a business opportunity which is subject to the BusinessOpportunity Sales Act, Chapter 21 ( 59.1-262 et seq.) of this title.

"Consumer transaction" means:

1. The advertisement, sale, lease, license or offering for sale, lease orlicense, of goods or services to be used primarily for personal, family orhousehold purposes;

2. Transactions involving the advertisement, offer or sale to an individualof a business opportunity that requires both his expenditure of money orproperty and his personal services on a continuing basis and in which he hasnot been previously engaged;

3. Transactions involving the advertisement, offer or sale to an individualof goods or services relating to the individual's finding or obtainingemployment; and

4. A layaway agreement, whereby part or all of the price of goods is payablein one or more payments subsequent to the making of the layaway agreement andthe supplier retains possession of the goods and bears the risk of their lossor damage until the goods are paid in full according to the layaway agreement.

"Cure offer" means a written offer of one or more things of value,including but not limited to the payment of money, that is made by a supplierand that is delivered to a person claiming to have suffered a loss as aresult of a consumer transaction or to the attorney for such person. A cureoffer shall be reasonably calculated to remedy a loss claimed by the personand it shall include a minimum additional amount equaling 10 percent of thevalue of the cure offer or $500, whichever is greater, as compensation forinconvenience, any attorney's or other fees, expenses, or other costs of anykind that such person may incur in relation to such loss; provided, howeverthat the minimum additional amount need not exceed $4,000.

"Goods" means all real, personal or mixed property, tangible or intangible.For purposes of this chapter, intangible property includes but shall not belimited to "computer information" and "informational rights" in computerinformation as defined in 59.1-501.2.

"Person" means any natural person, corporation, trust, partnership,association and any other legal entity.

"Services" includes but shall not be limited to (i) work performed in thebusiness or occupation of the supplier, (ii) work performed for the supplierby an agent whose charges or costs for such work are transferred by thesupplier to the consumer or purchaser as an element of the consumertransaction, or (iii) the subject of an "access contract" as defined in 59.1-501.2.

"Supplier" means a seller, lessor or licensor who advertises, solicits orengages in consumer transactions, or a manufacturer, distributor or licensorwho advertises and sells, leases or licenses goods or services to be resold,leased or sublicensed by other persons in consumer transactions.

(1977, c. 635; 1981, c. 205; 1987, c. 464; 1988, c. 485; 1992, c. 278; 2001,cc. 741, 762; 2004, cc. 41, 90.)