House Engrossed

home solicitation sales

(now: sales; home solicitation)

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

CHAPTER 80

HOUSE BILL 2228

An Act

amending section 44-5001, 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:

START_STATUTE44-5001. 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 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 the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.

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. END_STATUTE

APPROVED BY THE GOVERNOR APRIL 18, 2023.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 18, 2023.