Ohio Rev. Code » Chapter 1345
Ohio Revised Code

Ohio Rev. Code § 1345.21 (2026)

Home solicitation sale definitions

✓ current as of May 2026
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Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
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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.

Last updated July 15, 2021 at 1:34 PM

Notes of Decisions
Cited in 38 cases (10 in the last 5 years), 1981–2026 · leading case: Clemens v. Duwel, 654 N.E.2d 171 (Ohio Ct. App. 1995).
Sort: Relevance Newest Treatment
Clemens v. Duwel, 654 N.E.2d 171 (Ohio Ct. App. 1995). · cites it 13× “, and the Home Solicitation Sales Act, R.C. 1345.21 et seq., and that Clemens failed to substantially perform the contract.”
R. Bauer & Sons Roofing & Siding, Inc. v. Kinderman, 613 N.E.2d 1083 (Ohio Ct. App. 1992). · cites it 8× “Appellees asserted as a counterclaim a violation of the Home Solicitation Sale Act (“Act”), codified at R.C. 1345.21 et seq. The cause was heard before a referee, who recommended that judgment be entered in favor of appellees.”
Smaldino v. Larsick, 630 N.E.2d 408 (Ohio Ct. App. 1993). · cites it 7× “The trial court erred in holding that the Home Solicitation Sales Act, Ohio Revised Code Section 1345.21 et seq. does not apply and rendering judgment for appellee on the first cause of appellant’s counterclaim.”
Hanlin v. Ohio Builders & Remodelers, Inc., 196 F. Supp. 2d 572 (S.D. Ohio 2001). · cites it 6× “R.C. § 1345.21(A). Certain transactions are specifically excluded from the statute’s reach; in particular, those in which the buyer is accorded a right of recission by 15 U.”
Garber v. STS Concrete Co., L.L.C., 2013 Ohio 2700 (Ohio Ct. App. 2013). · cites it 3× “R.C. 1345.21(A) applies to 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…”
Williams v. Aetna Fin. Co., 83 Ohio St. 3d 464 (Ohio 1998). “ITT also argued that the HSSA, R.C. 1345.21 et seq., did not apply. Williams opposed ITT’s claims in this regard by arguing that ITT did more than merely make an arm’s-length loan to Williams.”
Wisniewshi v. Marek Builders, Inc., 2017 Ohio 1035 (Ohio Ct. App. 2017). · cites it 2× “R.C. 1345.21(A). {¶8} Under the HSSA, a home solicitation sale must include a written agreement that contains a statement of the buyer’s right to cancel the contract until midnight of the third business day after the day on which the buyer signs the contract.”
Brisco v. U.S. Restoration & Remodeling, Inc., 2019 Ohio 5318 (Ohio Ct. App. 2019). “{¶ 16} In analyzing whether appellants' claims were frivolous, the trial court first examined plaintiffs' claim for a violation of the Ohio Home Solicitation Sales Act under R.C. 1345.21 et seq. With respect to that claim, plaintiffs alleged appellees failed to provide…”
Williams v. Aetna Fin. Co., 1998 Ohio 294 (Ohio 1998). “ITT also argued that the HSSA, R.C. 1345.21 et seq., did not apply. Williams opposed ITT’s claims in this regard by arguing that ITT did more than merely make an arm’s-length loan to Williams.”
Briscoe v. U.S. Restoration & Remodeling, Inc., 2015 Ohio 3567 (Ohio Ct. App. 2015). “{¶ 22} First, plaintiffs asserted a claim for violation of the Ohio Home Solicitation Sales Act under R.C. 1345.21 et seq. Specifically, plaintiffs asserted that defendants failed to provide plaintiffs with a "Notice of Cancellation" as required by R.”
Bank One, Dayton, N.A. v. Doughman, 571 N.E.2d 442 (Ohio Ct. App. 1988). “03), violations of the federal Truth-in-Lending Act, violations of the Ohio Home Solicitations Sales Act (R.C. 1345.21 et seq.), and a claim of defective equipment and installation.”
Williams v. Edwards, 717 N.E.2d 368 (Ohio Ct. App. 1998). “Tombragel (Dec. 31, 1996), Hamilton App. No. C-950871, unreported, 1996 WL 741988 (home-improvements contract is a consumer transaction); Collins v.”
Show all 38 citing cases →
— Ohio Rev. Code § 1345.21(A) — 18 cases
Clemens v. Duwel, 654 N.E.2d 171 (Ohio Ct. App. 1995). “, and the Home Solicitation Sales Act, R.C. 1345.21 et seq., and that Clemens failed to substantially perform the contract.”
Hanlin v. Ohio Builders & Remodelers, Inc., 196 F. Supp. 2d 572 (S.D. Ohio 2001). “R.C. § 1345.21(A). Certain transactions are specifically excluded from the statute’s reach; in particular, those in which the buyer is accorded a right of recission by 15 U.”
Garber v. STS Concrete Co., L.L.C., 2013 Ohio 2700 (Ohio Ct. App. 2013). “R.C. 1345.21(A) applies to 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…”
Wisniewshi v. Marek Builders, Inc., 2017 Ohio 1035 (Ohio Ct. App. 2017). “R.C. 1345.21(A). {¶8} Under the HSSA, a home solicitation sale must include a written agreement that contains a statement of the buyer’s right to cancel the contract until midnight of the third business day after the day on which the buyer signs the contract.”
Griffin Contracting & Restoration v. McIntyre, 2018 Ohio 3121 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 1345.21(A)(1) — 2 cases
Garber v. STS Concrete Co., L.L.C., 2013 Ohio 2700 (Ohio Ct. App. 2013). “R.C. 1345.21(A) applies to 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…”
Wisniewshi v. Marek Builders, Inc., 2017 Ohio 1035 (Ohio Ct. App. 2017). “R.C. 1345.21(A). {¶8} Under the HSSA, a home solicitation sale must include a written agreement that contains a statement of the buyer’s right to cancel the contract until midnight of the third business day after the day on which the buyer signs the contract.”
— Ohio Rev. Code § 1345.21(A)(2) — 1 case
Smaldino v. Larsick, 630 N.E.2d 408 (Ohio Ct. App. 1993). “The trial court erred in holding that the Home Solicitation Sales Act, Ohio Revised Code Section 1345.21 et seq. does not apply and rendering judgment for appellee on the first cause of appellant’s counterclaim.”
— Ohio Rev. Code § 1345.21(A)(4) — 6 cases
Clemens v. Duwel, 654 N.E.2d 171 (Ohio Ct. App. 1995). “, and the Home Solicitation Sales Act, R.C. 1345.21 et seq., and that Clemens failed to substantially perform the contract.”
R. Bauer & Sons Roofing & Siding, Inc. v. Kinderman, 613 N.E.2d 1083 (Ohio Ct. App. 1992). “Appellees asserted as a counterclaim a violation of the Home Solicitation Sale Act (“Act”), codified at R.C. 1345.21 et seq. The cause was heard before a referee, who recommended that judgment be entered in favor of appellees.”
Zolg v. Yeager, 701 N.E.2d 723 (Ohio Ct. App. 1997).
Grinder v. Schaaf, 2025 Ohio 4723 (Ohio Ct. App. 2025).
Canton-Stark Cty. Sewer Cleaning, Inc. v. Magee, 2026 Ohio 219 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 1345.21(A)(5) — 1 case
Smaldino v. Larsick, 630 N.E.2d 408 (Ohio Ct. App. 1993). “The trial court erred in holding that the Home Solicitation Sales Act, Ohio Revised Code Section 1345.21 et seq. does not apply and rendering judgment for appellee on the first cause of appellant’s counterclaim.”
— Ohio Rev. Code § 1345.21(A)(6) — 1 case
Smaldino v. Larsick, 630 N.E.2d 408 (Ohio Ct. App. 1993). “The trial court erred in holding that the Home Solicitation Sales Act, Ohio Revised Code Section 1345.21 et seq. does not apply and rendering judgment for appellee on the first cause of appellant’s counterclaim.”
— Ohio Rev. Code § 1345.21(A)(7) — 1 case
Hanlin v. Ohio Builders & Remodelers, Inc., 196 F. Supp. 2d 572 (S.D. Ohio 2001). “R.C. § 1345.21(A). Certain transactions are specifically excluded from the statute’s reach; in particular, those in which the buyer is accorded a right of recission by 15 U.”
— Ohio Rev. Code § 1345.21(B)(2) — 1 case
Hunter v. Rhino Shield (S.D. Ohio 2021).
— Ohio Rev. Code § 1345.21(E) — 4 cases
R. Bauer & Sons Roofing & Siding, Inc. v. Kinderman, 613 N.E.2d 1083 (Ohio Ct. App. 1992). “Appellees asserted as a counterclaim a violation of the Home Solicitation Sale Act (“Act”), codified at R.C. 1345.21 et seq. The cause was heard before a referee, who recommended that judgment be entered in favor of appellees.”
Hanlin v. Ohio Builders & Remodelers, Inc., 196 F. Supp. 2d 572 (S.D. Ohio 2001). “R.C. § 1345.21(A). Certain transactions are specifically excluded from the statute’s reach; in particular, those in which the buyer is accorded a right of recission by 15 U.”
Garber v. STS Concrete Co., L.L.C., 2013 Ohio 2700 (Ohio Ct. App. 2013). “R.C. 1345.21(A) applies to 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…”
Ostigny v. France, 2025 Ohio 4885 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 1345.21(H) — 1 case
Himes v. Smith, 2012 Ohio 184 (Ohio Ct. App. 2012).
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