Ohio § 1345.21

§ 1345.21.

As used in sections 1345.21 to 1345.28 of the Revised Code : (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.