Terms Used In Maine Revised Statutes > Title 32 > Chapter 128 - Regulation of Transient Sales

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Consumer: means any person who purchases or contracts for the purchase of home repair services. See Maine Revised Statutes Title 32 Sec. 14501
• Consumer: means any person who purchases or contracts for the purchase of merchandise for any purpose except resale in the ordinary course of trade or business. See Maine Revised Statutes Title 32 Sec. 14701
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation. See Maine Revised Statutes Title 32 Sec. 14501
• Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 14701
• Door-to-door sales: means the solicitation or sale of home repair services by a home repair seller or the seller's employees to a consumer as a result of or in connection with the seller's or the employee's direct contact accomplished by means of a personal visit to the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact. See Maine Revised Statutes Title 32 Sec. 14501
• Employee: means any independent contractor, agent or person working for a salary or a commission who is affiliated with a home repair seller. See Maine Revised Statutes Title 32 Sec. 14501
• Employee: means any independent contractor, agent or person working for a salary or commission. See Maine Revised Statutes Title 32 Sec. 14701
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Home repair seller: means any person, partnership, corporation, business, trust or other legal entity that sells or provides home repair services. See Maine Revised Statutes Title 32 Sec. 14501
• Home repair services: includes , but is not limited to, the construction, installation, replacement, improvement or cleaning of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fall-out shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electric wiring, sewers, plumbing fixtures, storm doors, storm windows, siding or awnings or other improvements to structures within the residence or upon the land adjacent to the residence, including tree trimming. See Maine Revised Statutes Title 32 Sec. 14501
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Merchandise: includes any objects, wares, goods, promises, commodities, intangibles, services or other things of value but does not include food or technical or vocational schools located outside of the State that are registered pursuant to Title 20?A, section 9501. See Maine Revised Statutes Title 32 Sec. 14701
• Permanent place of business: means a building or other permanent structure, including a home residence, that is owned or held under a 12-month lease or rental agreement, from which business is commenced and that is used in whole or in part for the purpose of engaging in sales of home repair services. See Maine Revised Statutes Title 32 Sec. 14501
• Permanent place of business: means any building or other permanently affixed structure, including a home residence, that is owned or held under a 12-month lease or rental agreement at the time business is commenced and is used in whole or in part for the purpose of engaging in sales of consumer merchandise. See Maine Revised Statutes Title 32 Sec. 14701
• Person: includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. See Maine Revised Statutes Title 32 Sec. 14701
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Residence: means a single-family or multifamily dwelling, including but not limited to a single-family home, apartment building, condominium, duplex or town house that is used or intended to be used by its occupants as a dwelling place. See Maine Revised Statutes Title 32 Sec. 14501
• Sale: includes any sale, transfer, exchange or barter, offer for sale, promise to sell or attempt to sell, or advertisement for sale, of any merchandise for cash or for credit. See Maine Revised Statutes Title 32 Sec. 14701
• seller: means a home repair seller who engages in the business of door-to-door solicitations or sales of home repair services who does not have, at the time of the solicitation or contract, a permanent place of business in the municipality in which the door-to-door solicitation or sale occurs. See Maine Revised Statutes Title 32 Sec. 14501
• transient seller: means any person who engages in the business of selling merchandise to consumers by means of personal contact or telephone contact, whether or not the seller is present in the State at the time of the contact or the time of sale, and who does not have, for the purposes of carrying on such business, any permanent place of business within this State. See Maine Revised Statutes Title 32 Sec. 14701
• Trustee: A person or institution holding and administering property in trust.
• United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72