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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
home solicitation sales
(NOW: sales; home solicitation)
Purpose
Specifies that the definition of home solicitation sale is a sale that occurs without prior invitation, appointment or consent.
Background
Statute defines home solicitation sale as a sale of goods or services in which the seller or the 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 person soliciting the same and that agreement or offer to purchase is there given to the seller or the seller's representative including 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 the buyer a loan to pay the purchase price. The definition of home solicitation sale excludes a sale that is pursuant to a preexisting account with a seller whose primary business is selling goods or services at a fixed location or that is made pursuant to prior negotiations between parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale (A.R.S. § 44-5001).
An agreement of the buyer in a home solicitation sale is not effective
unless the contract, receipt and all other documents pertaining to the contract
are written in the same language used in the oral sales presentation (A.R.S.
§ 44-5004). A buyer may cancel a home solicitation until midnight of the
third business day after the day on which the buyer signs an agreement (A.R.S.
§ 44-5002).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that the definition of home solicitation sale is a sale that occurs without prior invitation, appointment or consent.
2. Becomes effective on the general effective date.
House Action
COM 2/7/23 DPA/SE 7-3-0-0
3rd Read 3/7/23 45-15-0
Prepared by Senate Research
March 20, 2023
JT/PM/sr