Ohio Code 1345.21 – Home solicitation sale definitions
As used in sections 1345.21 to 1345.28 of the Revised Code:
Terms Used In Ohio Code 1345.21
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal property: All property that is not real property.
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
- state: means the state of Ohio. See Ohio Code 1.59
(A) “Home solicitation sale” means a sale of consumer goods or services in which the seller or a person acting for the seller engages in a personal solicitation of the sale at a residence of the buyer, including solicitations in response to or following an invitation by the buyer, and the buyer’s agreement or offer to purchase is there given to the seller or a person acting for the seller, or in which the buyer’s agreement or offer to purchase is made at a place other than the seller’s place of business. It does not include a transaction or transactions in which:
(1) The total purchase price to be paid by the buyer, whether under single or multiple contracts, is less than twenty-five dollars;
(2) The transaction was conducted and consummated entirely by mail or by telephone if initiated by the buyer, and without any other contact between the seller or the seller’s representative prior to the delivery of goods or performance of the service;
(3) The final agreement is 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;
(4) The buyer initiates the contact between the parties for the purpose of negotiating a purchase and the seller has a business establishment at a fixed location in this state where the goods or services involved in the transaction are regularly offered or exhibited for sale.
Advertisements by such a seller in newspapers, magazines, catalogues, radio, or television do not constitute the seller initiation of the contact.
(5) The buyer initiates the contact between the parties, the goods or services are needed to meet a bona fide immediate personal emergency of the buyer which will jeopardize the welfare, health, or safety of natural persons, or endanger property which the buyer owns or for which the buyer is responsible, and the buyer furnishes the seller with a separate, dated, and signed 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;
(6) The buyer has initiated the contact between the parties 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. If, in the course of such a visit, the seller sells the buyer additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services does not fall within this exclusion.
(7) The buyer is accorded the right of rescission by the “Consumer Credit Protection Act,” (1968) 82 Stat. 152, 15 U.S.C. § 1635, or regulations adopted pursuant to it.
(B) “Sale” includes a lease or rental.
(C) “Seller” includes a lessor or anyone offering goods for rent.
(D) “Buyer” includes a lessee or anyone who gives a consideration for the privilege of using goods.
(E) “Consumer goods or services” means goods or services purchased, leased, or rented primarily for personal, family, or household purposes, including courses or instruction or training regardless of the purpose for which they are taken.
(F) “Consumer goods or services” does not include goods or services pertaining to any of the following:
(1) Sales or rentals of real property by a real estate broker or salesperson, or by a foreign real estate dealer or salesperson, who is licensed by the Ohio real estate commission under Chapter 4735 of the Revised Code;
(2) The sale of securities or commodities by a broker-dealer registered with the securities and exchange commission;
(3) The sale of securities or commodities by a securities dealer or salesperson licensed by the division of securities under Chapter 1707 of the Revised Code;
(4) The sale of insurance by a person licensed by the superintendent of insurance;
(5) Goods sold or services provided by automobile dealers and salespersons licensed by the registrar of motor vehicles under Chapter 4517 of the Revised Code;
(6) The sale of property at an auction by an auctioneer licensed by the department of agriculture under Chapter 4707 of the Revised Code.
(G) “Purchase price” means the total cumulative price of the consumer goods or services, including all interest and service charges.
(H) “Place of business” means the main office, or a permanent branch office or permanent local address of a seller.
(I) “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s day, Martin Luther King day, Presidents’ day, Memorial day, Juneteenth day, Independence day, Labor day, Columbus day, Veterans day, Thanksgiving day, and Christmas day.
Last updated July 15, 2021 at 1:34 PM