HF 2173

as introduced - 87th Legislature (2011 - 2012) Posted on 03/26/2012 04:22pm

A bill for an act
relating to consumer protection; clarifying the definition of home solicitation
sale; 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
deleted text begin or deleted text end new text begin , new text end services, new text begin or improvements to real property new text end 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:

deleted text begin (a) deleted text end new text begin (1) new text end 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; deleted text begin or
deleted text end

deleted text begin (b) deleted text end new text begin (2) new text end 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; deleted text begin or
deleted text end

deleted text begin (c) deleted text end new text begin (3) new text end 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. 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; deleted text begin or
deleted text end

deleted text begin (d) deleted text end new text begin (4) new text end 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; deleted text begin or
deleted text end

deleted text begin (e) deleted text end new text begin (5) new text end a sale of insurance, securities, or real property; or a sale by public auction; or

deleted text begin (f) deleted text end new text begin (6) new text end 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.