Bill Text: MN HF496 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Home solicitation sales regulation exclusion clarified.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-02-14 - Introduction and first reading, referred to Commerce and Regulatory Reform [HF496 Detail]
Download: Minnesota-2011-HF496-Introduced.html
1.2relating to commerce; clarifying an exclusion to home solicitation sales
1.3regulation;amending Minnesota Statutes 2010, section 325G.06, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 325G.06, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Home solicitation sale. "Home solicitation sale" means a sale of goods or
1.8services, by a seller who regularly engages in transactions of the same kind, purchased
1.9primarily for personal, family or household purposes, and not for agricultural purposes,
1.10with a purchase price of more than $25, in which the seller or a person acting for the seller
1.11personally solicits the sale, and when the buyer's agreement or offer to purchase is made at
1.12a place other than the place of business of the seller, except as otherwise provided in this
1.13subdivision. It does not include:
1.14(a) a sale made pursuant to prior negotiations in the course of a visit by the buyer
1.15to a retail business establishment having a fixed permanent location where the goods are
1.16exhibited or the services are offered for sale on a continuing basis; or
1.17(b) a sale in which the buyer has initiated the contact and the goods or services are
1.18needed to meet a bona fide immediate personal emergency of the buyer and the buyer
1.19furnishes the seller with a separate dated and signed statement not furnished by the seller
1.20describing the situation requiring immediate remedy and expressly acknowledging and
1.21waiving the right to cancel the sale. This exclusion shall only apply where (i) the seller in
1.22good faith makes a substantial beginning of performance of the contract before the buyer
1.23gives notice of cancellation, and, (ii) in the case of goods, the goods cannot be returned to
1.24the seller in substantially as good condition as when received by the buyer; or
2.1(c) a sale in which the buyer has initiated the contact and specifically requested the
2.2seller to visit the buyer's home for the purpose of repairing or performing maintenance
2.3upon the buyer's property on that visit. If in the course of such a visit, the seller sells
2.4the buyer the right to receive additional services or goods other than replacement parts
2.5necessarily used in performing the maintenance or in making the repairs, the sale of those
2.6additional goods or services would not fall within this exclusion; or
2.7(d) a sale in which the buyer has initiated the contact either by oral, telephone, or
2.8written request (other than on a form provided by the seller), and requested the seller to
2.9visit the buyer's home for the purpose of negotiating the purchase of the specific good
2.10or service requested. This exclusion shall only apply where the buyer furnishes the
2.11seller with a separate dated and signed statement in the buyer's handwriting expressly
2.12acknowledging and waiving the right to cancel the sale; or
2.13(e) a sale of insurance, securities, or real property; or a sale by public auction; or
2.14(f) a sale of a motor vehicle, as defined in section168.002, subdivision 18 , when
2.15the buyer's agreement or offer to purchase is made at a place other than the buyer's
2.16place of residence.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.
1.3regulation;amending Minnesota Statutes 2010, section 325G.06, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 325G.06, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Home solicitation sale. "Home solicitation sale" means a sale of goods or
1.8services, by a seller who regularly engages in transactions of the same kind, purchased
1.9primarily for personal, family or household purposes, and not for agricultural purposes,
1.10with a purchase price of more than $25, in which the seller or a person acting for the seller
1.11personally solicits the sale, and when the buyer's agreement or offer to purchase is made at
1.12a place other than the place of business of the seller, except as otherwise provided in this
1.13subdivision. It does not include:
1.14(a) a sale made pursuant to prior negotiations in the course of a visit by the buyer
1.15to a retail business establishment having a fixed permanent location where the goods are
1.16exhibited or the services are offered for sale on a continuing basis; or
1.17(b) a sale in which the buyer has initiated the contact and the goods or services are
1.18needed to meet a bona fide immediate personal emergency of the buyer and the buyer
1.19furnishes the seller with a separate dated and signed statement not furnished by the seller
1.20describing the situation requiring immediate remedy and expressly acknowledging and
1.21waiving the right to cancel the sale. This exclusion shall only apply where (i) the seller in
1.22good faith makes a substantial beginning of performance of the contract before the buyer
1.23gives notice of cancellation, and, (ii) in the case of goods, the goods cannot be returned to
1.24the seller in substantially as good condition as when received by the buyer; or
2.1(c) a sale in which the buyer has initiated the contact and specifically requested the
2.2seller to visit the buyer's home for the purpose of repairing or performing maintenance
2.3upon the buyer's property on that visit. If in the course of such a visit, the seller sells
2.4the buyer the right to receive additional services or goods other than replacement parts
2.5necessarily used in performing the maintenance or in making the repairs, the sale of those
2.6additional goods or services would not fall within this exclusion; or
2.7(d) a sale in which the buyer has initiated the contact either by oral, telephone, or
2.8written request (other than on a form provided by the seller), and requested the seller to
2.9visit the buyer's home for the purpose of negotiating the purchase of the specific good
2.10or service requested. This exclusion shall only apply where the buyer furnishes the
2.11seller with a separate dated and signed statement in the buyer's handwriting expressly
2.12acknowledging and waiving the right to cancel the sale; or
2.13(e) a sale of insurance, securities, or real property; or a sale by public auction; or
2.14(f) a sale of a motor vehicle, as defined in section
2.15the buyer's agreement or offer to purchase is made at a place other than the buyer's
2.16place of residence.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.
