Alert

June 26, 2017

Maryland Revises Door-to-Door Sales Act

Effective June 1, 2017, Maryland Senate Bill 929 and House Bill 959 removed exemptions from the definition of "door-to-door sale" and created a new section (Md. Code Ann., Com. Law ยง 14-301.1) that specifically lists transactions that are exempt from the Maryland Door-to-Door Sales Act. Many of the transactions that were not considered "door-to-door sales" under the definition are now found in Section 14-301.1, but one important transaction that was previously excluded from the definition of "door-to-door sale" is no longer excluded. The exemption for buyer-initiated transactions where the buyer specifically requests the seller to visit the buyer's home to repair or perform maintenance on the buyer's personal property was eliminated.

In addition, the legislation added a new exemption for transactions that are a result of a written change order. The change order must be a part of a transaction under a contract previously signed by the buyer and seller. The buyer must give the seller a personal written statement in which, among other things, the buyer expressly acknowledges and waives the right to cancel the change order.

The legislation also expands the existing exemption for transactions conducted and consummated entirely by mail to include transactions conducted and consummated entirely by electronic communication.

Finally, the legislation clarifies that the existing exemption that applies when a buyer has initiated the contact for goods and services that are needed to meet a bona fide immediate personal emergency, applies to the renovation or construction of residential property to improve accessibility of the property for individuals who are mobility impaired or otherwise disabled.

  SB 929
  HB 959