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Ontario|Consumer LawBuying Goods or Services 807 Door to door sales Under the law, purchasers of door to door products or services are given certain rights when signing and cancelling sales contracts.
- Right to cancel contract within two days
First, you can generally cancel the sales contract in writing within two days of signing and receiving a copy of the contract, provided the item purchased was worth over $50, and you either did not pay for the item in full or did not receive all of the goods or services when you signed. Because the written cancellation must be received by the seller within two days, you should either send your letter by courier or deliver it personally. Make sure you keep a copy of the letter for your own records.
- Right to cancel contract after two days because of missing information
Second, if the two day cancellation period has expired, you may be able to cancel the sales contract if it does not contain the necessary information. For example, if you did not receive a copy of the contract or if the contract does not contain your name or address or the address of the seller, the contract is not valid and cannot be enforced. Also, if the contract does not describe the goods or services purchased, or does not contain a detailed description of the payment terms, or fails to describe any guarantees, the contract is also not valid and cannot be enforced.
- Right to cancel contract within six months because of an unfair
business practice
Third, you may be able to cancel the contract in writing within six months from the date you signed the contract if an "unfair practice" led you to purchase the product or services. This includes if you were misled, cheated, or taken advantage of by a salesperson. Under the law, an unfair practice can include a number of behaviours including, a seller making false or misleading statements, such as stating that something you own requires servicing or replacing if it does not, or stating that the product or service is better than it really is.
Unfair practices can also include situations where a seller takes advantage of a buyer's reading problems, language difficulties, or mental or physical disabilities. This also includes excessive pressure and charging an excessively high price.
Before signing a contract, make sure you take your time and read it completely from beginning to end, including any sections on the back of the contract. If the seller doesn't want to let you take the contract to review before signing, this may be an indication that the contract isn't what the seller is telling you it is. Don't ever be pressured into signing a contract you don't fully understand. If it is an important contract, or one that is for a large sum of money, you should consider having a lawyer review it before you sign it.
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