2016 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 44. HOME SOLICITATION SALES
§ 4403. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:

(1) "Business day'' shall mean any calendar day except Saturdays, Sundays or legal holidays (as that term is defined in Chapter 5 of Title 1).

(2) "Consumer goods or services'' shall mean goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.

(3) "Door-to-door sale'' shall mean 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 the seller's 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:

a. 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;

b. In which the consumer is accorded the right of rescission by the Consumer Credit Protection Act (15 U.S.C. § 1635) or regulations issued pursuant thereto;

c. 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 3 business days;

d. In which the buyer has initiated the contact and the transaction is conducted and consummated entirely by mail or telephone;

e. 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. If in the course of such a visit, the seller sells the buyer the right to receive 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 would not fall within this exclusion; or

f. Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Securities and Exchange Commission.

Except as provided above, the term door-to-door sale shall include any sale solicited and consummated via any telephone.

(4) "Home'' shall mean a house, dwelling, condominium, townhouse, apartment or such other residential building or dwelling in which a person resides.

(5) "Place of business'' shall mean the main or permanent branch office or a permanent local address of a seller, not including a hotel room, motel room or other temporary quarters.

(6) "Purchase price'' shall mean the total price paid or to be paid for the consumer goods or services, including all interest and service charges.

(7) "Seller'' shall mean any person, partnership, corporation or association engaged in the door-to-door sale of consumer goods or services.

6 Del. C. 1953, § 4403; 58 Del. Laws, c. 391; 60 Del. Laws, c. 543, § 1; 64 Del. Laws, c. 102, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 221, § 3.;