§ 42-134a — Definitions.

As used in this chapter: (a) “Home solicitation sale” means a sale, lease, or rental of consumer goods or services, whether under single or multiple contracts, in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. The term “home solicitation sale” does not include a transaction: (1) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed, permanent location where goods are exhibited or the services are offered for sale on a continuing basis; (2) in which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days; (3) conducted and consummated entirely by mail or telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services; (4) in which the buyer has initiated the contact and specifically requested the seller to visit his home for the purpose of repairing or performing maintenance upon the buyer's personal property. If in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services shall not come within this exclusion; (5) pertaining to the sale or rental of real property, to the sale of insurance, to the sale of newspapers or to the sale of securities or commodities by a broker-dealer registered with the securities and exchange commission; (6) made pursuant to a home party plan sales and demonstration; or (7) in the case of consumer goods, other than magazine sales or subscriptions, where the purchase price, whether under single or multiple contracts, does not exceed twenty-five dollars. (b) “Consumer goods or services” means goods or services purchased, leased, or rented primarily for personal, family, or household purposes, including courses of instruction or training regardless of the purpose for which they are taken. (c) “Seller” means any person, partnership, corporation, limited liability company or association engaged in home solicitation sales of consumer goods or services. (d) “Place of business” means the main or permanent branch office or local address of a seller. (e) “Purchase price” means the total price paid or to be paid for the consumer goods or services, including all interest and service charges. (f) “Business day” means any calendar day except Sunday or any of the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

Legislative History

(P.A. 76-165, S. 1, 8; P.A. 95-79, S. 163, 189.) History: P.A. 95-79 redefined “seller” to include a limited liability company, effective May 31, 1995. Cited. 215 C. 336; 240 C. 58. Subsec. (a)(5): The real property exception to definition of “home solicitation sale” is not strictly limited to the sale or rental or real property, and a transaction is one “pertaining to the sale or rental of real property” if it is inextricably related to, or an integral adjunct or accessory to, the sale or rental, thus the sale, lease, or rental of consumers goods or services are excluded from the definition of a “home solicitation sale”. 340 C. 711. Cited. 18 CA 463; 20 CA 625. Staging services agreement under which defendants leased furniture to make home more attractive for sale was exempt from provisions of section because it related to sale or rental of real property. 165 CA 305. “Consumer goods and services” includes installation of driveway. 36 CS 271. Cited. Id., 506.