44-5001. Definitions
In this chapter, unless the context otherwise requires:
1. "Home solicitation sale":
(a) Means a sale of goods or services in which the seller or the seller's representative personally solicits the sale without prior invitation, appointment or consent and the buyer's agreement or offer to purchase is made at a home other than that of the person soliciting the same and that agreement or offer to purchase is there given to the seller or the seller's representative.
(b) Includes a cash sale that otherwise meets the definition of a home solicitation sale if the seller makes or provides a loan to the buyer or obtains or assists in obtaining a loan for the buyer to pay the purchase price.
(c) Does not include a sale that is pursuant to a preexisting account with a seller whose primary business is selling goods or services at a fixed location or that is made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
2. "Person":
(a) Includes a corporation, company, partnership, firm, association, society or natural person.
(b) When used to designate the party whose property may be the subject of a criminal or public offense, includes the United States, this state or any territory, state or country, any political subdivision of this state that may lawfully own any property, or a public or private corporation, partnership or association.
(c) When used to designate the violator or offender of any law, includes a corporation, a partnership or any association of persons.
Notes of Decisions
State v. Direct Sellers Ass'n, 494 P.2d 361 (Ariz. 1972).
· cites it 4× “§ 12-1832 by the Direct Sellers Association against the state of Arizona for the purpose of obtaining a declaratory judgment, holding that A.R.S. §§ 44-5001 to 44-5008 are unconstitutional.”
Direct Sellers Ass'n v. McBrayer, 503 P.2d 951 (Ariz. 1972).
· cites it 2× “This legislation regulated the direct selling of merchandise to the public in their homes and would have become effective ninety days following the adjournment of the legislative’ session in which it was passed — i. e., on August 11, 1970.”
Pelletier v. Johnson, 937 P.2d 668 (Ariz. Ct. App. 1996).
· cites it 3× “*480 §§ 44-5001 to 44-5008, may, under proper circumstances, recover equitable, restitutionary damages from the consumer/buyer based on unjust enrichment principles.”
State Ex Rel. Corbin v. United Energy Corp., 725 P.2d 752 (Ariz. Ct. App. 1986).
· cites it 2× “Arizona’s Home Solicitations and Referral Sales Act, A.R.S. §§ 44-5001, et seq., allows consumers a three-day cancellation period for sales solicited in the home, A.”
McDaniel v. Pettigrew, 536 S.W.2d 611 (Tex. App. 1976).
“Arizona passed the Home Solicitation Sales Act, Ariz.Rev.Stat. §§ 44-5001 to 44-5008 (West Supp.”
Gulf Indus., Inc. v. Hahn, 750 P.2d 911 (Ariz. Ct. App. 1988).
· cites it 2× “The sale constituted a “home solicitation sale,” as that term is defined in A.R.S. § 44-5001(1). In compliance with A.”
Direct Sellers Ass'n v. McBrayer, 492 P.2d 727 (Ariz. Ct. App. 1972).
· cites it 2× “During the second regular session of the 29th legislature 1 , the legislature passed and the governor signed House Bill 102 (A.R.S. § 44-5001 et seq.), regulating the direct selling of merchandise to the public in their homes.”
Weidert v. Precision Air (Ariz. Ct. App. 2023).
· cites it 2× “See A.R.S. §§ 44-5001 to -5008. The superior court dismissed that aspect of Count I, and plaintiffs do not appeal from that ruling.”
— Ariz. Rev. Stat. § 44-5001(1) — 2 cases
Pelletier v. Johnson, 937 P.2d 668 (Ariz. Ct. App. 1996).
“*480 §§ 44-5001 to 44-5008, may, under proper circumstances, recover equitable, restitutionary damages from the consumer/buyer based on unjust enrichment principles.”
Gulf Indus., Inc. v. Hahn, 750 P.2d 911 (Ariz. Ct. App. 1988).
“The sale constituted a “home solicitation sale,” as that term is defined in A.R.S. § 44-5001(1). In compliance with A.”
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