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Series 63: Remedies & Administrative Provisions
Series 63 practice questioneasyDamages Calculation — Rescission Offer

A client was sold an unregistered, non-exempt security in State Y and the agent promptly offers rescission before the client files suit. Which of the following is the maximum civil liability of the seller if the client accepts the rescission?

  1. AReturn of the purchase price plus statutory interest, less any income received✓ Correct answer
  2. BReturn of the purchase price only
  3. CReturn of the purchase price plus all lost profits
  4. DDouble the purchase price as punitive damages
Explanation

Why AReturn of the purchase price plus statutory interest, less any income received

Under USA Section 410, civil liability for unlawful sales is the return of the purchase price plus statutory interest (less income received). Lost profits and punitive damages are not included. Rescission limits the remedy to this amount.

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