MHIC NASCLA Contractors Practice Exam

When a buyer initiates contact for home maintenance, is this sale subject to the Door-to-Door Sales Act?

1. Yes

2. No

3. Only if a contract is signed

4. It depends on the maintenance needed

The correct answer is: No

In the context of the Door-to-Door Sales Act, the determination of whether a sale is subject to this act hinges on how the initial contact is made. The Door-to-Door Sales Act is designed to protect consumers from unsolicited sales tactics by providing specific rights when a seller initiates contact at a consumer's home. When a buyer initiates contact for home maintenance, it indicates that the consumer has expressed interest in the service before any sales tactics are employed. This proactive reach-out by the buyer means that the protections and stipulations of the Door-to-Door Sales Act do not apply, as the seller is not engaging in unsolicited sales practices. In contrast, if the seller were to approach the consumer without prior contact, or if it were a cold call situation, then the act would become relevant, as it would involve a situation where the consumer did not initiate contact. Thus, the situation described—in which the buyer takes the initiative—clearly delineates that the Door-to-Door Sales Act is not applicable.