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MARVIN MANDEL, Governor
559
SINGLE OR MULTIPLE CONTRACTS WITH A PURCHASE PRICE OF $25
OR MORE, IN WHICH:
(i) THE SELLER OR HIS REPRESENTATIVE
PERSONALLY SOLICITS THE SALE, INCLUDING A SOLICITATION IN
RESPONSE TO OR FOLLOWING AN INVITATION BY THE BUYER; AND
(ii) THE BUYER'S AGREEMENT OR OFFER TO
PURCHASE IS MADE AT A PLACE OTHER THAN THE PLACE OF
BUSINESS OF THE SELLER.
(2) "DOOR-TO-DOOR SALE" DOES NOT INCLUDE A
TRANSACTION:
(i) MADE PURSUANT TO PRIOR NEGOTIATIONS IN
THE COURSE OF A VISIT BY THE BUYER TO A RETAIL BUSINESS
ESTABLISHMENT WHICH HAS A FIXED PERMANENT LOCATION WHERE
THE CONSUMER GOODS ARE EXHIBITED OR THE CONSUMER SERVICES
ARE OFFERED FOR SALE ON A CONTINUING BASIS;
(ii) IN WHICH THE CONSUMER MAY RESCIND UNDER
THE PROVISIONS OF THE FEDERAL CONSUMER CREDIT PROTECTION
ACT OR ANY REGULATION ADOPTED UNDER THE ACT;
(iii) 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
WHICH DESCRIBES THE SITUATION THAT REQUIRES IMMEDIATE
REMEDY AND EXPRESSLY ACKNOWLEDGES AND WAIVES THE RIGHT TO
CANCEL THE SALE WITHIN THREE BUSINESS DAIS, AND THE
SELLER IN GOOD FAITH MAKES A SUBSTANTIAL BEGINNING OF THE
PERFORMANCE OF THE CONTRACT;
(iv) CONDUCTED AND CONSUMMATED ENTIRELY BY
MAIL OR TELEPHONE, WITHOUT ANY OTHER CONTACT BETWEEN THE
BUYER AND THE SELLER OR ITS REPRESENTATIVE BEFORE
DELIVERY OF THE CONSUMER GOODS OR PERFORMANCE OF THE
CONSUMER SERVICES;
(V) IN WHICH THE BUYER HAS INITIATED THE
CONTACT AND SPECIFICALLY REQUESTS THE SELLER TO VISIT HIS
HOME TO REPAIR OR PERFORM MAINTENANCE ON THE BUYER'S
PERSONAL PROPERTY, EXCEPT THAT, IF, IN THE COURSE OF THE
VISIT, THE SELLER SELLS THE BUYER THE RIGHT TO RECEIVE
ANY ADDITIONAL CONSUMER SERVICES OR CONSUMER GOODS, OTHER
THAN REPLACEMENT PARTS NECESSARILY USED TO PERFORM THE
MAINTENANCE OR TO MAKE THE REPAIRS, THE SALE OF THE
ADDITIONAL CONSUMER GOODS OR CONSUMER SERVICES IS NOT
WITHIN THIS EXCLUSION; OR
(vi) WHICH PERTAINS TO THE SALE OR RENTAL OF
REAL PROPERTY, TO THE SALE OF INSURANCE, OR TO THE SALE
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