Robertson v. Bumper Man Franchising Co.

Justice PLEICONES.:

Pursuant to Rule 228, SCACR, we accepted two questions certified by United States District Judge Matthew J. Perry:

1) Does the South Carolina Business Opportunity Sales Act (the Act) S.C.Code Ann. §§ 39-57-10 et seq. apply to a contract between a business located in Texas and a Texas resident, and performed in Texas and Washington?

2) Does the answer to question 1 change if the individual later moves to South Carolina and signs a new contract with a related entity to be performed in South Carolina?

We answer both questions “No.”

FACTS 1

In 2000, plaintiff entered a business…