HF 496

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 10:59am

A bill for an act
relating to commerce; clarifying an exclusion to home solicitation sales
regulation; amending Minnesota Statutes 2010, section 325G.06, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 325G.06, subdivision 2, is amended to
read:

Subd. 2.

Home solicitation sale.

"Home solicitation sale" means a sale of goods or
services, by a seller who regularly engages in transactions of the same kind, purchased
primarily for personal, family or household purposes, and not for agricultural purposes,
with a purchase price of more than $25, in which the seller or a person acting for the seller
personally solicits the sale, and when the buyer's agreement or offer to purchase is made at
a place other than the place of business of the seller, except as otherwise provided in this
subdivision. It does not include:

(a) a sale 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 the goods are
exhibited or the services are offered for sale on a continuing basis; or

(b) a sale 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 statement not furnished by the seller
describing the situation requiring immediate remedy and expressly acknowledging and
waiving the right to cancel the sale. This exclusion shall only apply where (i) the seller in
good faith makes a substantial beginning of performance of the contract before the buyer
gives notice of cancellation, and, (ii) in the case of goods, the goods cannot be returned to
the seller in substantially as good condition as when received by the buyer; or

(c) a sale in which the buyer has initiated the contact and specifically requested the
seller to visit the buyer's home for the purpose of repairing or performing maintenance
upon the buyer's property new text begin on that visit new text end . 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 would not fall within this exclusion; or

(d) a sale in which the buyer has initiated the contact either by oral, telephone, or
written request (other than on a form provided by the seller), and requested the seller to
visit the buyer's home for the purpose of negotiating the purchase of the specific good
or service requested. This exclusion shall only apply where the buyer furnishes the
seller with a separate dated and signed statement in the buyer's handwriting expressly
acknowledging and waiving the right to cancel the sale; or

(e) a sale of insurance, securities, or real property; or a sale by public auction; or

(f) a sale of a motor vehicle, as defined in section 168.002, subdivision 18, when
the buyer's agreement or offer to purchase is made at a place other than the buyer's
place of residence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end