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completion of the initial term’s 12th month in exchange for
allowing HEH to place its equipment on petitioner’s property and
for petitioner’s providing HEH with the names of seven referrals,
writing a letter regarding his experience with the heating
system, and paying all of the required payments on time.
Although some of the above-described documents do not appear
to have been fully executed, both petitioner and HEH executed the
purchase agreement. Pursuant to that agreement, the heating
system was installed in petitioner’s home and became operational
on December 7, 1995. Although there were several instances
during the initial term of the purchase agreement when the system
did not work correctly, HEH arranged for the necessary repairs at
no additional cost to petitioner.
As of the date of trial, petitioner had made the payments
required under the purchase agreement for the initial term. At
trial, petitioner testified that he is satisfied with his heating
system, which allegedly has a useful life of 15 to 20 years, and
that he intends to renew his purchase agreement for a second
term.
Petitioner’s Relationship With HEH
HEH purports to have been created pursuant to a Contract and
Declaration of Creation of Unincorporated Business Organization
(the declaration). The declaration confers upon HEH’s trustees
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