ORS § 83.710
83.710. Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750.
(1)
As used in ORS 83.710 to 83.750, a sale of goods or services as defined in ORS 83.010 is:
(a)
A "home solicitation sale" if:
(A)
The seller or a person acting for the seller engages in a personal solicitation of the sale at a residence
other than that of the seller; and
(B)
The buyer's agreement or offer to purchase is there given to the seller or a person acting for the seller.
(b)
A "telephone solicitation sale" if:
(A)
The seller or person acting for the seller engages in a solicitation conducted by telephone to a
residence;
(B)
The transaction is initiated by the seller or person acting for the seller and is in no way solicited by
the buyer;
(C)
The buyer's agreement or offer to purchase is given over the telephone to the seller or person acting for
the seller; and
(D)
There is no personal contact between the buyer and the seller or person acting for the seller prior to
delivery of goods or performance of services.
(2)
The provisions of ORS 83.710 to 83.750 relating to home solicitation sales do not apply to:
(a)
A sale made pursuant to a preexisting revolving charge account;
(b)
A contract in writing for the sale or lease of a house or business property or the construction of a new
house or business property;
(c)
A sale made pursuant to prior business negotiations relevant to such sale between the parties at a
business establishment at a fixed location where goods or services are offered or exhibited for sale;
(d)
A sale for cash or check in the amount of less than $ 25; or
(e)
A sale of insurance, farm equipment or motor vehicles.
(3)
The provisions of ORS 83.710 to 83.750 relating to telephone solicitation sales apply only to a sale of
periodicals, magazines or any other reading material with or without illustrations that the buyer is to
receive at fixed intervals and do not apply to sales of newspaper subscriptions or advertising and sales in
which the buyer is offered reasonable opportunity to preview and return reading material without contractual
obligation.
