Bill Text: MN SF1965 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Home solicitation sale expansion to real property improvements
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-02-20 - Referred to Jobs and Economic Growth [SF1965 Detail]
Download: Minnesota-2011-SF1965-Introduced.html
1.2relating to labor and industry; clarifying the definition of home solicitation sale;
1.3amending 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
1.8or, services, or improvements to real property by a seller who regularly engages in
1.9transactions of the same kind, purchased primarily for personal, family or household
1.10purposes, and not for agricultural purposes, with a purchase price of more than $25, in
1.11which the seller or a person acting for the seller personally solicits the sale, and when the
1.12buyer's agreement or offer to purchase is made at a place other than the place of business
1.13of the seller, except as otherwise provided in this subdivision. It does not include:
1.14(a) (1) 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) (2) a sale in which the buyer has initiated the contact and the goods or services
1.18are needed 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) (3) a sale in which the buyer has initiated the contact and specifically requested
2.2the seller to visit the buyer's home for the purpose of repairing or performing maintenance
2.3upon the buyer's property. If in the course of such a visit, the seller sells the buyer the right
2.4to receive additional services or goods other than replacement parts necessarily used in
2.5performing the maintenance or in making the repairs, the sale of those additional goods or
2.6services would not fall within this exclusion;or
2.7(d) (4) 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) (5) a sale of insurance, securities, or real property; or a sale by public auction; or
2.14(f) (6) a sale of a motor vehicle, as defined in section
168.002, subdivision 18 ,
2.15when the buyer's agreement or offer to purchase is made at a place other than the buyer's
2.16place of residence.
1.3amending 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
1.8
1.9transactions of the same kind, purchased primarily for personal, family or household
1.10purposes, and not for agricultural purposes, with a purchase price of more than $25, in
1.11which the seller or a person acting for the seller personally solicits the sale, and when the
1.12buyer's agreement or offer to purchase is made at a place other than the place of business
1.13of the seller, except as otherwise provided in this subdivision. It does not include:
1.14
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;
1.17
1.18are needed 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;
2.1
2.2the seller to visit the buyer's home for the purpose of repairing or performing maintenance
2.3upon the buyer's property. If in the course of such a visit, the seller sells the buyer the right
2.4to receive additional services or goods other than replacement parts necessarily used in
2.5performing the maintenance or in making the repairs, the sale of those additional goods or
2.6services would not fall within this exclusion;
2.7
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;
2.13
2.14
2.15when the buyer's agreement or offer to purchase is made at a place other than the buyer's
2.16place of residence.
