Vermont Statutes Annotated

Vt. Stat. Ann. tit. 09, § 2457 (2026)

Evidence of fraud

✓ current as of May 2026

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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 9 V.S.A. § 2457)

§ 2457. Evidence of fraud

The failure to sell any goods or services in the manner and of the nature advertised or offered, or the refusal or inability to sell any goods or services at the price advertised or offered or in accordance with other terms or conditions of the advertisement or offer, creates a rebuttable presumption of an intent to violate the provisions of this chapter. No actual damage to any person need be alleged or proven for an action to lie under this chapter. (Added 1967, No. 132, § 1, eff. April 17, 1967.)

Notes of Decisions

Cited in 5 cases, 1993–2019 · leading case: Winey v. William E. Dailey, Inc., 636 A.2d 744 (Vt. 1993).

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Winey v. William E. Dailey, Inc., 636 A.2d 744 (Vt. 1993). · cites it 2× “9 V.S.A. § 2457. Plaintiff argues the presumption applies to her claim that defendant overcharged for certain labor and mate *136 rials, charged for labor and materials not used on the job and substituted inferior materials.”

Knutsen v. Dion, 2013 VT 106 (Vt. 2013). “Plaintiff objects to the trial court’s observation that plaintiff was not harmed because she had not been deceived by the challenged provisions and because her damages could be satisfied even under the limitation of liability provision.”

Knutsen v. Dion, Gardner, Vermont Ass'n of Realtors, Inc., 195 Vt. 512 (Vt. 2013). “” 9 V.S.A. § 2457. Plaintiff objects to the trial court’s observation that plaintiff was not harmed because she had not been deceived by the challenged provisions and because her damages could be satisfied even under the limitation of liability provision.”

State v. Capture the Dream, LLC (Vt. Super. Ct. 2019). “] employ “unfair or deceptive acts or practices in commerce,” and 9 V.S.A. § 2457, which provides that a violation is a “failure to sell any goods or services in the manner and of the nature advertised or offered, or the refusal or inability to sell any goods or services at the…”

Banknorth, N.A. v. Littlefield (Vt. Super. Ct. 2005). “at 136–37 (noting that 9 V.S.A. § 2457 should be read narrowly in analyzing contract formation).”

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