N.C. Gen. Stat. » Chapter 66
NC General Statutes

N.C. Gen. Stat. § 66-94 (2026)

Definition

✓ current as of July 2026
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For purposes of this Article, "business opportunity" means the sale or lease of any products, equipment, supplies or services for the purpose of enabling the purchaser to start a business, and in which the seller represents:

(1) That the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or

(2) That it may, in the ordinary course of business, purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold to the purchaser; or

(3) The seller guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity and pays to the seller an initial, required consideration which exceeds two hundred dollars ($200.00); or

(4) That it will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity, provided that this subsection shall not apply to the sale of a marketing program made in conjunction with the licensing of a federally registered trademark or a federally registered service mark, or when the purchaser pays less than two hundred dollars ($200.00).

Provided, that "business opportunity" does not include the sale of an on-going business when the owner of that business sells and intends to sell only that one business opportunity; nor does it include the not-for-profit sale of sales demonstration equipment, materials, or samples, for a total price of two hundred dollars ($200.00) or less.  (1977, c. 884, s. 1; 1981, c. 817, s. 1; 1983, c. 421, s. 2; 1991, c. 74, s. 1.)

 

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1985–2024 · leading case: Bunting v. Perdue, Inc., 611 F. Supp. 682 (E.D.N.C. 1985).
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Bunting v. Perdue, Inc., 611 F. Supp. 682 (E.D.N.C. 1985). · cites it 12× “), the North Carolina Business Opportunity Sales Act (N.C.G.S. §§ 66-94 et seq.) and the North Carolina Unfair and Deceptive Trade Practices Act (N.”
North Carolina Ass'n of Elec. Tax Filers, Inc. v. Graham, 429 S.E.2d 544 (N.C. 1993). · cites it 3× “§§ 66-106 to 66-112 (1991); business opportunity sellers, N.C.G.S. §§ 66-94 to 66-100 (1992); mortgage brokers, N.”
Anchor Paper Corp. v. Anchor Converting Co., 338 S.E.2d 821 (N.C. Ct. App. 1986). “66-94 provides: For the purposes of this Article, “business opportunity” means the sale or lease of any products, equipment, supplies or services for the purpose of enabling the purchaser to start a business and in which the seller represents: (3) The seller guarantees that the…”
Elsayed v. Fam. Fare LLC (M.D.N.C. 2020). · cites it 3× “§ 66-94. One of those promises is that the seller “guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity.”
Oke v. ProntoWash LLC (M.D. Fla. 2024). “COUNT XIV – VIOLATION OF THE NORTH CAROLINA SALE OF BUSINESS OPPORTUNITIES ACT, N.C. Gen. Stat. § 66-94 et. seq. COUNT XV – VIOLATION OF THE NORTH CAROLINA CONSUMER PROTECTION ACT, N.”
— N.C. Gen. Stat. § 66-94(2) — 1 case
Bunting v. Perdue, Inc., 611 F. Supp. 682 (E.D.N.C. 1985). “), the North Carolina Business Opportunity Sales Act (N.C.G.S. §§ 66-94 et seq.) and the North Carolina Unfair and Deceptive Trade Practices Act (N.”
— N.C. Gen. Stat. § 66-94(3) — 1 case
Elsayed v. Fam. Fare LLC (M.D.N.C. 2020). “§ 66-94. One of those promises is that the seller “guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity.”
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