1. A. It shall be unlawful for any person, in connection with the sale or offer to sell a franchise in the Commonwealth, directly or indirectly:

   1. 1. To employ any device, scheme, or artifice to defraud;
   2. 2. To make any untrue statement of a material fact or to omit to state a material fact necessary in order to avoid misleading the offeree;
   3. 3. To engage in any transaction, practice, or course of business that operates or would operate as a fraud or deceit upon the franchisee;
   4. 4. To offer or enter into a franchise agreement that restricts the right of a franchisee to engage in the business of offering, selling, or distributing goods or services at retail after termination or expiration of the franchise agreement; or
   5. 5. To fail to provide the franchisee a copy of (i) the franchise agreement and (ii) such disclosure document as may be required by rule or order of the Commission.
2. B. Notwithstanding the provisions of subsection A, in the event that a franchisee sells a franchise at a mutually agreed upon price to a third party or back to the franchisor, such sale may include a term restricting the right of such franchisee to engage in the business of offering, selling, or distributing goods or services at retail for a period of no more than two years after such sale.

1972, c. 561; 1978, c. 670; 1991, c. 475; 2009, c. 148; 2026, cc. 553, 554.