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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
home solicitation sales; definition
Purpose
Expands the definition of home solicitation sale by removing the qualification that all or any part of the purchase price be payable in installments.
Background
Statute governs the cancellation of a home solicitation sale, including granting the buyer the right to cancel until midnight of the third business day after the day on which the buyer signs a home solicitation agreement. A prescribed notice relating to a buyer's rights must be included in an agreement and, if the buyer cancels, payments must be returned to the buyer and goods returned to the seller according to statutory timeframes and requirements (A.R.S. Title 44, Chapter 15).
A home solicitation sale is a sale of goods or services in which the seller or seller's representative personally solicits the sale and the buyer's agreement or offer to purchase is made at a home other than that of the soliciting person and the agreement or offer to purchase is there given to the seller or representative and all or any part of the purchase price is payable in installments, or a debt incurred for payment of the purchase price is payable in installments. A sale which otherwise meets the definition of a home solicitation sale, except that it is a cash sale, is deemed to be a home solicitation sale if the seller makes or provides a loan to the buyer or obtains or assists in obtaining a loan for the buyer to pay the purchase price (A.R.S. § 44-5001).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes, from the definition of home solicitation sale, the qualification that all or any part of the purchase price be payable in installments.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
COM 2/9/21 DP 10-0-0-0
3rd Read 2/23/21 58-0-2
Prepared by Senate Research
March 1, 2021
LB/kja