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Session Laws, 1974
Volume 713, Page 2596   View pdf image
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2596                                                 LAWS OF MARYLAND                          [Ch. 753

SECTION 2. AND BE IT FURTHER ENACTED, That new
Sections 28, 29, 30, 31 and 32 be and they are hereby
added to Article 83 — Sales and Notices, of the Annotated
Code of Maryland (1969 Replacement Volume and 1973
Supplement) to read as follows:

Article 83 — Sales and Notices
28.

(A)    FOR THE PURPOSES OF THIS SUBTITLE THE
FOLLOWING DEFINITIONS SHALL APPLY:

(B)    DOOR-TO-DOOR SALE - A SALE, LEASE, OR RENTAL
OF CONSUMER GOODS OR SERVICES WITH A PURCHASE PRICE OF
$25 OR MORE, WHETHER UNDER SINGLE OR MULTIPLE CONTRACTS,
IN WHICH THE SELLER OR HIS REPRESENTATIVE PERSONALLY
SOLICITS THE SALE, INCLUDING THOSE IN RESPONSE TO OR
FOLLOWING AN INVITATION BY THE BUYER, AND THE BUYER'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:

(1)    MADE PURSUANT TO 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; OR

(2)    IN WHICH THE CONSUMER IS ACCORDED THE
RIGHT OF RESCISSION BY THE PROVISIONS OF THE CONSUMER
CREDIT PROTECTION ACT (15 U.S.C. 1635) OR REGULATIONS
ISSUED PURSUANT THERETO; OR

(3)    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, AND
THE BUYER FURNISHES THE SELLER WITH A SEPARATE DATED AND
SIGNED PERSONAL STATEMENT IN THE BUYER'S HANDWRITING
DESCRIBING THE SITUATION REQUIRING IMMEDIATE REMEDY AND
EXPRESSLY ACKNOWLEDGING AND WAIVING THE RIGHT TO CANCEL
THE SALE WITHIN THREE BUSINESS DAYS AND THE SELLER IN
GOOD FAITH MAKES A SUBSTANTIAL BEGINNING OF THE
PERFORMANCE OF THE CONTRACT: OR

(4)    CONDUCTED AND CONSUMMATED ENTIRELY BY
MAIL OR TELEPHONE, AND WITHOUT ANY OTHER CONTACT BETWEEN
THE BUYER AND THE SELLER OR ITS REPRESENTATIVE PRIOR TO
DELIVERY OF THE GOODS OR PERFORMANCE OF THE SERVICES; OR

(5)    IN WHICH THE BUYER HAS INITIATED THE
CONTRACT AND SPECIFICALLY REQUESTED THE SELLER TO VISIT
HIS HOME FOP THE PURPOSE OF REPAIRING OR PERFORMING
MAINTENANCE UPON THE BUYER'S PERSONAL PROPERTY. IF IN

 

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Session Laws, 1974
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