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REFERENCE TITLE: home solicitation sales |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2228 |
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Introduced by Representative Gress
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An Act
amending sections 44-5001 and 44-5007, Arizona Revised Statutes; relating to home solicitations and referral sales.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-5001, Arizona Revised Statutes, is amended to read:
44-5001. Definitions
In this chapter, unless the context otherwise requires:
1. "Home solicitation sale":
(a) Means a sale of goods or services in which the seller or the seller's representative personally solicits the sale without prior invitation, appointment or consent and the buyer's agreement or offer to purchase is made at a home other than that of the person soliciting the same and that agreement or offer to purchase is there given to the seller or the seller's representative.
(b) Includes a cash sale that otherwise meets the definition of 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.
(c) Does not include a sale that is any of the following:
(i) Pursuant to a preexisting account with a seller whose primary business is selling goods or services at a fixed location. or
(ii) that is Made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
(iii) Made by an entity that is regulated by the department of insurance and financial institutions or its affiliates.
2. "Person":
(a) Includes a corporation, company, partnership, firm, association, society or natural person.
(b) When used to designate the party whose property may be the subject of a criminal or public offense, includes the United States, this state or any territory, state or country, any political subdivision of this state that may lawfully own any property, or a public or private corporation, partnership or association.
(c) When used to designate the violator or offender of any law, includes a corporation, a partnership or any association of persons.
Sec. 2. Section 44-5007, Arizona Revised Statutes, is amended to read:
44-5007. Buyer responsibility; services
A. Except as provided in subsection C of section 44-5006, within twenty days after a home solicitation sale has been canceled, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale, but he the buyer is not obligated to tender at any place other than his the buyer's own address. If the seller fails to take possession of such goods within twenty days after the cancellation, the goods shall become the property of the buyer without the obligation to pay for them.
B. The buyer shall take reasonable care of the goods in his the buyer's possession both prior to cancellation and during the following twenty-day period. During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.
C. If the seller has performed any services pursuant to a home solicitation sale prior to before its cancellation, the seller is entitled to a cancellation fee of five per cent percent of the cash price, fifteen dollars $15, or the amount of the cash down payment, whichever is less. If the seller's services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was in at the time the services were rendered.
D. The buyer may not cancel a home solicitation sale if he the buyer requests the seller to provide goods or services without delay because of an emergency and the seller in good faith makes a substantial beginning of performance before notice of cancellation, and the goods cannot be returned to the seller in substantially as good condition as when the buyer received them.
E. The buyer may not cancel the home solicitation sale during the period of time prescribed under section 44-5002 if THE seller in good faith makes a substantial beginning of performance of the contract at the buyer's request before the buyer gives notice of cancellation.