Texas Business and Commerce Code 51.201 – Form of Business Opportunity Contract
Terms Used In Texas Business and Commerce Code 51.201
- Contract: A legal written agreement that becomes binding when signed.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Service of process: The service of writs or summonses to the appropriate party.
A business opportunity contract must be in writing and include, in 10-point type or in handwriting of an equivalent size, the following:
(1) the terms of payment, including the initial consideration, down payment, and additional payments required;
(2) a detailed description of the acts or services the seller undertakes to perform for the purchaser;
(3) the seller’s principal business address;
(4) the name and address of the seller’s agent in this state authorized to receive service of process;
(5) the delivery date or, if the contract provides for staggered delivery times to the purchaser, the approximate delivery date of the products, equipment, or supplies the seller is to:
(A) deliver to the purchaser’s home or business address; or
(B) place at a location owned or managed by a person other than the purchaser; and
(6) a complete description of the nature of the buy-back or security arrangement if the seller has represented orally or in writing when selling, leasing, soliciting, or offering a business opportunity that there is a buy-back or that the initial consideration is secured.