|
reasonable care, could not have known of the existence of | conduct by reason of which the liability is alleged to exist. |
|
| | 8.__Right of contribution.__A person liable under this section | has a right of contribution as in cases of contract against any | other person liable under this section for the same conduct. |
|
| | 9.__Survival of cause of action.__A cause of action under this | section survives the death of an individual who might have been a | plaintiff or defendant. |
|
| | 10.__Statute of limitations.__A person may not obtain relief: |
|
| A.__Under subsection 2 for violation of section 16301 or | under subsection 4 or 5, unless the action is instituted | within 2 years after the violation occurred; or |
|
| B.__Under subsection 2, other than for violation of section | 16301, or under subsection 3 or 6, unless the action is | instituted within the earlier of 2 years after discovery of | the facts constituting the violation or 5 years after the | violation. |
|
| | 11.__No enforcement of violative contract. A person that has | made, or has engaged in the performance of, a contract in | violation of this chapter or a rule adopted or order issued under | this chapter, or that has acquired a purported right under the | contract with knowledge of conduct by reason of which its making | or performance was in violation of this chapter, may not base an | action on the contract. |
|
| | 12.__No contractual waiver. A condition, stipulation or | provision binding a person purchasing or selling a security or | receiving investment advice to waive compliance with this chapter | or a rule adopted or order issued under this chapter is void. |
|
| | 13.__Survival of other rights or remedies.__The rights and | remedies provided by this chapter are in addition to any other | rights or remedies that may exist, but this chapter does not | create a cause of action not specified in this section or section | 16411, subsection 5. |
|
| §16510.__Rescission offers |
|
| | 1.__Requirements.__A purchaser, seller or recipient of | investment advice may not maintain an action under section 16509 | if: |
|
|