Subdivision 1. Scope.
As used in sections
, the terms defined in this
section have the meanings given them.
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. 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
168.011, subdivision 4
, when the buyer's
agreement or offer to purchase is made at a place other than the buyer's place of residence.
Subd. 3. Sale.
"Sale" includes a lease or rental.
Subd. 4. Seller.
"Seller" includes a lessor or anyone offering goods for rent, or an assignee of
Subd. 5. Buyer.
"Buyer" includes a lessee or anyone who gives a consideration for the
privilege of using goods or services.
Subd. 6. Business day.
"Business day" means any day other than a Saturday, Sunday, or
holiday as defined in section
History: 1973 c 443 s 1; 1979 c 128 s 1; 1986 c 444