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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumCivil Liabilities — Rescission Offer

A seller realizes that a security was sold in violation of the USA and sends a written rescission offer to the buyer. If the buyer does not respond within 30 days, the buyer:

  1. AIs deemed to have accepted the offer and must return the security
  2. BLoses the right to bring a civil action based on that sale✓ Correct answer
  3. CMay still bring a civil action within the statute of limitations
  4. DMust file a complaint with the Administrator to preserve the claim
Explanation

Why BLoses the right to bring a civil action based on that sale

Under USA Section 410(g), a buyer who still owns the security and receives a qualifying written pre-suit rescission offer loses the Section 410 right to sue if the buyer fails to accept within 30 days.

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