| A.__The purchaser, seller or recipient of investment advice | receives in a record, before the action is instituted: |
|
| (1) An offer stating the respect in which liability | under section 16509 may have arisen and fairly advising | the purchaser, seller or recipient of investment advice | of that person's rights in connection with the offer | and any financial or other information necessary to | correct all material misrepresentations or omissions in | the information that was required by this chapter to be | furnished to that person at the time of the purchase, | sale or investment advice; |
|
| (2) If the basis for relief under this section may have | been a violation of section 16509, subsection 2, an | offer to repurchase the security for cash, payable on | delivery of the security, equal to the consideration | paid and interest at the legal rate of interest from | the date of the purchase, less the amount of any income | received on the security, or, if the purchaser no | longer owns the security, an offer to pay the purchaser | upon acceptance of the offer damages in an amount that | would be recoverable upon a tender, less the value of | the security when the purchaser disposed of it and | interest at the legal rate of interest from the date of | the purchase in cash equal to the damages computed in | the manner provided in this subsection; |
|
| (3) If the basis for relief under this section may have | been a violation of section 16509, subsection 3, an | offer to tender the security, on payment by the seller | of an amount equal to the purchase price paid, less | income received on the security by the purchaser and | interest at the legal rate of interest from the date of | the sale, or, if the purchaser no longer owns the | security, an offer to pay the seller upon acceptance of | the offer, in cash, damages in the amount of the | difference between the price at which the security was | purchased and the value the security would have had at | the time of the purchase in the absence of the | purchaser's conduct that may have caused liability and | interest at the legal rate of interest from the date of | the sale; |
|
| (4) If the basis for relief under this section may have | been a violation of section 16509, subsection 4, an | offer to pay as specified in subparagraph (2) if the | customer is a purchaser or an offer to tender or to pay | as specified in subparagraph (3) if the customer is a | seller; |
|
|