Business Opportunity Sales

Frequently Asked Questions

What is a Business Opportunity Sale?

A business opportunity (Bus-Op) is the sale or lease of any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business.

Who is considered a business opportunity sales person?

To be considered a Seller, the person must represent one of these four criteria:

• Seller will provide locations or assistance in finding locations for use or operation of vending machines, racks, display cases, or similar devices. This includes currency-operated amusement machines or devices, on premises which are not owned, or leased by the purchaser or seller.
• Seller may purchase any or all products made, produced, fabricated, grown, bred, or modified by the buyer using in whole or in part the supplies, services, or chattels sold to the purchaser.
• Seller guarantees the buyer will derive income from the business opportunity that exceeds the price they paid for the business opportunity. Or the seller will refund the price paid for the business opportunity if the buyer is unsatisfied with the business opportunity and pays to the seller an initial, required consideration which exceeds two hundred dollars ($200).
• Seller will provide a sales or marketing program that enables the buyer to derive income from the business opportunity that exceeds the price paid for the business opportunity. (Does not apply to programs made in conjunction with licensing of federally registered trademark or federally registered service mark, or when buyer pays less than $200)

NOTE: A business opportunity is not the sale of an on-going business when the owner of the business sells and intends to sell only that one business.

What does the Business Opportunity Sales Office do?

The Business Opportunity Sales Office is responsible for the administration of the North Carolina, Article 19, Chapter 66 NC General Statutes..

These regulations ensure that potential buyers are protected from fraudulent activities and can make informed decisions about their purchase of a business opportunity. Sellers must provide a written disclosure statement to prospective buyers that includes information about the seller’s financial history and condition as well as terms and conditions of the offer, the buyer’s responsibilities, and the seller’s obligations.

The NC Business Opportunity Sales Act requires sellers to register with the NC Secretary of State before selling a business opportunity in North Carolina. The Business Opportunity Sales Office handles the registration of these sellers.