§ 58-64A-300. Civil liability.

360 words·~2 min read·/nc/chapter-58/58-64a-300

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A provider who enters into a binding reservation agreement, continuing care contract, or continuing care at home contract under this Article without having first delivered a disclosure statement meeting the requirements of Part 5 of this Article to the person with whom the binding reservation agreement, continuing care contract, or continuing care at home contract was entered into, or enters into a binding reservation agreement, continuing care contract, or continuing care at home contract with a person who has relied on a disclosure statement that materially misrepresents or omits to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading, shall be liable to that person for actual damages and repayment of all fees paid to the provider violating this Article, less the costs of care, services, and housing provided to the resident by or on whose behalf the binding reservation agreement, continuing care contract, or continuing care at home contract was entered into prior to discovery of the violation, misstatement, or omission or the time the violation, misstatement, or omission should reasonably have been discovered, together with interest thereon at the legal rate for judgments, and court costs and reasonable attorneys' fees.

(b)Liability under this section exists regardless of whether the provider had actual knowledge of the misstatement or omission.

(c)A person may not file or maintain an action under this section if the person, before filing the action, received a written offer of a refund of all amounts paid to the provider, together with interest at the rate established monthly by the Commissioner of Banks pursuant to G.S. 24-1.1(c), less the cost of care, services, and housing provided prior to receipt of the offer, and if the offer recited the provisions of this section and the recipient of the offer failed to accept it within 30 days of actual receipt.

(d)An action may not be maintained to enforce a liability created under this Article unless brought before the expiration of three years after the alleged violation. (2025-58, s. 2.)