§ 58-64-70. Civil liability.
§ 58‑64‑70. Civilliability.
(a) A provider whoenters into a contract for continuing care at a facility without having firstdelivered a disclosure statement meeting the requirements of G.S. 58‑64‑20to the person contracting for this continuing care, or enters into a contractfor continuing care at a facility with a person who has relied on a disclosurestatement that omits to state a material fact required to be stated therein ornecessary in order to make the statements made therein, in light of the circumstancesunder which they are made, not misleading, shall be liable to the personcontracting for this continuing care for actual damages and repayment of allfees paid to the provider violating this Article, less the reasonable value ofcare and lodging provided to the resident by or on whose behalf the contractfor continuing care was entered into prior to discovery of the violation,misstatement, or omission or the time the violation, misstatement, or omissionshould reasonably have been discovered, together with interest thereon at thelegal rate for judgments, and court costs and reasonable attorney fees.
(b) Liability underthis section exists regardless of whether the provider had actual knowledge ofthe misstatement or omission.
(c) A person may notfile or maintain an action under this section if the person, before filing theaction, received a written offer of a refund of all amounts paid the provider,together with interest at the rate established monthly by the Commissioner ofBanks pursuant to G.S. 24‑1.1(c), less the current contractual value ofcare and lodging provided prior to receipt of the offer, and if the offerrecited the provisions of this section and the recipient of the offer failed toaccept it within 30 days of actual receipt.
(d) An action may notbe maintained to enforce a liability created under this Article unless broughtbefore the expiration of three years after the execution of the contract forcontinuing care that gave rise to the violation. (1989, c. 758, s. 1; 1995, c.193, s. 54; 2003‑193, s. 15.)