View Full Version : Just signed a contract at home - Can i still back out?>
SMC23
Mar 25th, 2009, 11:06 AM
Hello,
I bought some fairly expensive window coverings recently for my new house ($12,000) which i signed with the sales rep in my home. I would like to go through with the agreement but i just heard from several of my co-workers in Top Management that they are laying off a significant number of people next quarter (ie: April-May).
If i were laid off i do not want to be faced with this high expense. The contract specifically states "No Cancellations". Are there any laws stating i can still cancel this agreement?
Any advice, is greatly appreciated. :confused:
canehdianman
Mar 25th, 2009, 11:49 AM
and some provinces have statutory windows for the cancellation of contracts.
SpillOnAisle9
Mar 25th, 2009, 11:53 AM
Google the Consumer Protection Act for Ontario....I _think_ there is a 10-day
'cooling-off' period for any contract signed in your home. Act quickly though
and make sure you follow the right procedure for cancelling it...i.e. registered
letter. It might be worth getting an hour of 'real' legal advice and help to draft
the cancellation letter.
SMC23
Mar 25th, 2009, 11:54 AM
We signed it Last Monday (mar 23).
Rehan
Mar 25th, 2009, 12:01 PM
Here's some information that mentions the 10 day cooling off period:
http://www.gov.on.ca/mgs/en/ConsProt/STEL02_045905.html
http://www.gov.on.ca/mgs/graphics/050454.pdf
SpillOnAisle9
Mar 25th, 2009, 12:08 PM
from
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02c30_e.htm#BK51
Requirements for direct agreements
42. Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 42.
Cancellation: cooling-off period
43. (1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement. 2002, c. 30, Sched. A, s. 43 (1).
Cancellation: failure to meet requirements
(2) In addition to the right under subsection (1), a consumer may cancel a direct agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 42. 2002, c. 30, Sched. A, s. 43 (2).
Make sure that this section applies...but if it doesn't it will be in another section. Send a registered letter to the vendor quoting the section of the act
and that you are invoking your right to cancel the contract.
Don't be afraid of the 'no cancellation' B.S. ... you can put anything on a
contract but it doesn't mean that it's enforceable.
SMC23
Mar 25th, 2009, 01:35 PM
Thank you all for your help.
I'm sure this would be helpful for others!
Thalo
Mar 25th, 2009, 11:38 PM
If you haven't paid for it in advance and the work hasn't been completed yet, there's no reason the contract can't be repudiated. They can hold you responsible if they do in fact do the work, and if they're smart they took a deposit from you which they have no reason to give back to you, but otherwise...
disclaimer: I am by no means an expert in contract law. I only know that a contract is fulfilled when money passes hands and contracted work is completed.
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