Administration & LiabilityQuestion 91 of 100
An investor buys a security in a sale that violated the registration provisions of the act. In a civil suit, the investor may generally recover:
a.Triple the amount invested as punitive damages
b.The consideration paid plus interest, less any income received on the security, together with costs and reasonable attorney's fees, upon tender of the security
c.Only the difference between the purchase price and the current market price
d.Nothing, because civil remedies are unavailable under the act
Explanation
The civil liability provision makes the buyer whole by returning the purchase price plus interest, reduced by income already received, along with court costs and reasonable attorney's fees, in exchange for tendering the security back. If the investor no longer owns it, damages are calculated in a comparable way. The act's remedy is restitutionary rather than a punitive multiple of the investment.
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