My response - - Part I :
MICHIGAN COMPILED LAWS ANNOTATED
CHAPTER 445. TRADE AND COMMERCE
HOME SOLICITATION SALES
Current through P.A. 2001, No. 114
of the 2001 Regular Session, 91st Legislature
445.111. Definitions
Sec. 1. As used in this act:
(a) "Home solicitation sale" means a sale of goods or services of more than $25.00 in which the seller or a person acting for the seller engages in a personal, telephonic, or written solicitation of the sale, the solicitation is received by the buyer at a residence of the buyer, and the buyer's agreement or offer to purchase is there given to the seller or a person acting for the seller. Home solicitation sale does not include any of the following:
(i) A sale made pursuant to a preexisting revolving charge account.
(ii) A sale 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.
(iii) A sale of or solicitation insurance by an insurance agent licensed by the commissioner of insurance.
(iv) A sale made at a fixed location of a business establishment where goods or services are offered or exhibited for sale.
(v) A sale made pursuant to a printed advertisement in a publication of general circulation.
(vi) A sale of services by a real estate broker or salesperson licensed by the department of consumer and industry services.
(vii) A sale of agricultural or horticultural equipment and machinery that is demonstrated to the consumer by the vendor at the request of either or both of the parties.
(b) "Fixed location" means a place of business where the seller or an agent, servant, employee, or solicitor of that seller primarily engages in the sale of goods or services of the same kind as would be sold at the residence of a buyer.
(c) "Business day" means Monday through Friday and does not include Saturday, Sunday, or the following business holidays: New Year's day, Martin Luther King's birthday, Washington's birthday, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day.
(d) "Federally insured depository institution" means a state or national bank, state or federal savings bank, state or federal savings and loan association, or state or federal credit union that holds deposits insured by an agency of the United States.
(e) "Goods or services" does not include either of the following:
(i) A loan, deposit account, or trust account lawfully offered or provided by a federally insured depository institution or a subsidiary or affiliate of a federally insured depository institution.
(ii) An extension of credit that is subject to any of the following acts:
(A) The mortgage brokers, lenders, and servicers licensing act, 1987 PA 173,
(B) The secondary mortgage loan act, 1981 PA 125, MCL 493.51
(C) The regulatory loan act of 1963, 1939 PA 21, MCL 493.1
(D) The consumer financial services act, 1988 PA 161, MCL 487.2051
(E) 1984 PA 379, MCL 493.101
(F) The motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141
(f) "Written solicitation" means a postcard or other written notice delivered to a buyer's residence that requests that the buyer contact the seller or seller's agent by telephone to inquire about a good or service, unless the postcard or other written notice concerns a previous purchase or order or specifies the price of the good or service and accurately describes the good or service.
CREDIT(S)
1989 Main Volume
Amended by P.A.1980, No. 108, § 1, Imd. Eff. May 10.
2001 Electronic Pocket Part Update
Amended by P.A.1998, No. 126, Imd. Eff. June 10, 1998; P.A.1999, No. 18, Imd. Eff. April 28, 1999.
References, Annotations, or Tables
HISTORICAL AND STATUTORY NOTES
LAW REVIEW AND JOURNAL COMMENTARIES
Contracts for the improvement of existing home. Mark H. Kadian, 73 Mich.B.J. 1180 (1994)
Criminal consumer fraud. Donald P. Rothschild and Bruce C. Throne, 74 Mich.L.Rev. 661 (1976).
LIBRARY REFERENCES
1989 Main Volume
Mich Civ Jur, Sales Under the UCC § 1.
NOTES OF DECISIONS
Home solicitation sale 2
Oil and gas leases 1
1. Oil and gas leases
The home solicitation sale act, § 445.111 et seq., does not apply to an oil and gas lease negotiated on a door-to-door basis. Op.Atty.Gen.1982, No. 6068, p. 648.
2. Home solicitation sale
Sale of coins to investors, which was not completed until one month after coin dealer's agent met with investors in their home, was not "there given" at the place of the sales presentation, as was required to trigger home solicitation sales act's cancellation notice requirement. Patrick v. U.S. Tangible Investment Corp. (1999) 595 N.W.2d 162, 234 Mich.App. 541.
Coin dealer's meeting with investors, who were directed to dealer by an investment advisor, and subsequent sale of coins were not "home solicitation sales," within meaning of home solicitation sales act, but rather dealer's actions were response to investors' inquiries and efforts to enhance their portfolios. Patrick v. U.S. Tangible Investment Corp. (1999) 595 N.W.2d 162, 234 Mich.App. 541.
Transaction in which investor made third purchase of coins from dealer was not covered by the home solicitation sales act; there was no threat of intrusion from an in-home sales presentation or telephone solicitation and a relationship had already been fostered and nurtured through two previous sales transactions. Patrick v. U.S. Tangible Investment Corp. (1999) 595 N.W.2d
Contractor's sale of nonemergency home repairs was not a "home solicitation sale" under the Home Solicitation Sales Act; sale was made in response to telephone call from homeowner to contractor's place of business requesting estimate for several nonemergency home repairs, and homeowner had not been solicited by contractor in any fashion. (Per dissenting opinion of Richard Allen Griffin, P.J., in the Court of Appeals, 183 Mich.App. 387, 454 N.W.2d 226.) reconsideration denied 483 N.W.2d 352.
MICHIGAN COMPILED LAWS ANNOTATED
CHAPTER 445. TRADE AND COMMERCE
HOME SOLICITATION SALES
Current through P.A. 2001, No. 114
of the 2001 Regular Session, 91st Legislature
445.112. Cancellation by buyer; time; procedure, notice of cancellation; emergencies; rescission
Sec. 2. (1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase that complies with this act. The seller in a home solicitation sale shall not acquire payment by having an independent courier service or other third party pick up the buyer's payment at the buyer's residence until after the buyer's right-to-revoke period prescribed by this act has expired.
(2) Cancellation occurs when the buyer mails or delivers the notice of cancellation provided for in section 3(2) or any other written notice, or sends a telegram, to the seller at the address stated in the notice of cancellation.
(3) A notice of cancellation or other written notice, if mailed to the seller, is given when it is deposited in a mailbox properly addressed and postage prepaid.
(4) A written notice or telegram given by the buyer other than the notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
(5) A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and all of the following conditions are met:
(a) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation.
(b) 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.
(c) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
(6) If a home solicitation sale is also subject to the debtor's right to rescind certain transactions, the buyer may proceed either under those provisions or under this section.
HISTORICAL AND STATUTORY NOTES
P.A.2000, No. 15, in subsec. (1), in the first sentence substituted "that complies" for "which complies", and added the second sentence; and rewrote subsec. (5), which read:
"(5) A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and (a) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation, (b) 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, and (c) in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer."