Delaware Code Title 6 Sec. 4406 – Time of solicitation
(a) A door-to-door sale shall be solicited by a seller or a seller’s representative at a home between the hours of 9 a.m. to 8 p.m. prevailing Delaware time, only.
Terms Used In Delaware Code Title 6 Sec. 4406
- Door-to-door sale: shall mean a sale, lease or rental of consumer goods or services with a purchase price of $25 or more, whether under single or multiple contracts, in which the seller or the seller's representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. See Delaware Code Title 6 Sec. 4403
- Home: shall mean a house, dwelling, condominium, townhouse, apartment or such other residential building or dwelling in which a person resides. See Delaware Code Title 6 Sec. 4403
- Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
- Purchase price: shall mean the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See Delaware Code Title 6 Sec. 4403
- Seller: shall mean any person, partnership, corporation or association engaged in the door-to-door sale of consumer goods or services. See Delaware Code Title 6 Sec. 4403
(b) For purposes of this section, the term “door-to-door sale” shall include a transaction that would be a door-to-door sale but for the $25 purchase price limitation in the definition of “door-to-door sale” in § 4403(3) of this title, regardless of the purchase price.
(c) This section does not apply to a door-to-door sale solicited:
(1) Via telephone, mail, e-mail, or Internet;
(2) Where the seller or the seller’s representative solicits a person or persons who have been invited to the owner’s, lessee’s, and/or resident’s home for the purpose of hearing the solicitation;
(3) Where the owner, lessee and/or resident of a home invited a seller or a seller’s representative into and/or to the home for the purpose of such solicitation;
(4) By a nonprofit organization under § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)) or Delaware law; or
(5) By a public utility or cable television system operator, as defined in § 102(2) or (4) of Title 26, or its agents, provided that such salespersons prominently display an identification card containing the name of the public utility or cable television system operator and in such a manner that a potential buyer shall be able to view it during any transaction with the seller or a representative thereof soliciting a door-to-door sale.
(d) Whoever violates this section shall for the first offense be fined not less than $75 nor more than $150. For each subsequent like offense the person shall be fined not less than $100 nor more than $250.