Five Day Cooling Off
Sale by Door-to-Door Solicitation
Sec. 45.02.350. Sale by door-to-door solicitation.
- A contract for the purchase of goods or services in the amount of $10 or more from a person soliciting a door-to-door sale shall require, as a condition of taking effect, that the purchaser may revoke the offer to buy within five business days of entering into the contract, and that the seller, at the time of the sale, give the purchaser written notice of the right to revoke. Revocation is effective either upon the tender of the rejected goods to the seller or an agent of the seller, or upon the posting of a registered letter (marked Deliver to Addressee Only, Return Receipt) of rejection to the seller or an agent of the seller.
- The cost of returning rejected goods shall be borne by the seller.
- A "door-to-door sale" occurs when the seller, or a representative of the seller, personally solicits the sale and the purchaser's agreement or offer to purchase is made at a place other than the place of business of the seller. The term "door-to-door sale" does not include a transaction
- made under prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis;
- in which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer;
- conducted and consummated entirely by mail;
- in which the buyer has initiated the contact and specifically requested the seller to visit the buyer's home for the purpose of repairing or performing maintenance upon the buyer's personal property; or
- conducted at the purchaser's place of business.
- As used in (c) of this section, "personally" means in person or by telephone.