Purchasing from a door-to-door salesperson

For information about door-to-door salespersons select from the options below.

 

• Contract requirements
• Down payments
• Cancellation and refunds
• After cancellation
• Store purchase returns
• Buyer's rights
• Complaints and enforcement

 

Direct sale contract requirements

All contracts with door-to-door salespeople, or “direct-sale contracts,” must:

1. Be in writing – except if the sale is less than $100
2. Contain certain prescribed content
3. Contain a statement of cancellation rights. If a written contract is not required because the sale is under $100, a statement of cancellation rights must still be provided to the purchaser at the time of purchase.
4. Be given to the purchaser. Providing a copy of the contract is acceptable.

At all times before signing any contract, it is the consumers’ responsibility to protect themselves by reading the contract and only agreeing to details they are willing to accept. Let the “buyer beware!”

Direct sellers of home renovation products or services are prohibited from requiring a consumer to pay more than 15 per cent of the total contract price (if the goods or service have not been fully provided) until the expiration of the 10-day cancellation period.

 

Cancellation and refunds

• All direct sales contracts must contain a statement of cancellation rights called the buyers’ right to cancel
• For purchases made from direct sellers, the buyers’ right to cancel gives the purchaser 10 days to cancel the contract – you do not need a reason to cancel but must be able to prove that notification was given
• You may also cancel a direct seller’s purchase within one year if:
  1. the vendor or salesperson was not in compliance with the licensing requirements of The Act at the time of the purchase and not exempted from its terms;
  2. the goods or services to be supplied are not supplied within 30 days of the supply date specified in the contract. Where a purchaser accepts delivery of goods or supply of services after the 30-day period, the purchaser is not entitled to cancel the contract for late delivery;
  3. when a written contract is required, the contract does not contain the information required pursuant to The Act or the regulations; or
  4. when a written contract is not required, the statement of cancellation rights does not conform with the requirements of The Act or the regulations.
• You may also cancel if you are a Saskatchewan resident and you provide notice of cancellation to the vendor, who made an offer by telephone from outside Saskatchewan.

 

After cancellation

• Where a direct sales contract is cancelled, the vendor, within 15 days of the cancellation, will refund the purchaser all money received under the contract. The vendor will also return to the purchaser any trade-in, or an amount equal to the value of the trade-in, received under the contract.
• The purchaser, on receiving the refund, will return the goods to the vendor. Where a purchaser cannot return the goods to the vendor in substantially the same condition in which they were received, and the purchaser is responsible for the change in condition, the purchaser may not cancel the contract.
• If the contract does not exceed $200, and if services have been provided at the purchaser’s premises or perishable goods have been already been delivered, the vendor is entitled to up to $50 for the services rendered and for any of the goods that have deteriorated.

 

Store purchase returns

The legislated buyers’ right to cancel does not apply to store purchases. The right to return a store-purchase depends on the store’s return policies. If in doubt, ask the store salesperson about the policy.

 

Buyers’ rights

The Consumer Protection and Businesses Practices Act and The Sale of Goods Act contain a number of protections for buyers.

 

Complaints and enforcement

Unfair sales practices affect us all. Help support a fair market place.

The Consumer Protection Division urges the community, consumers, and businesses to report the following:

1. High-pressure direct sellers who appear to be targeting seniors and non-English speaking newcomers.
2. Unlicensed direct sellers, particularly, seasonal or transient unlicensed direct sellers focusing on home renovations.
3. Direct sellers using unauthorized forms.
4. Direct sellers who take down payments and fail to do the work.
5. Direct sellers refusing to issue refunds when contracts are legally cancelled.

If concerned that the terms of The Direct Sellers Act have been breached, any consumer or business operator may file either a formal or an anonymous complaint with the Consumer Protection Division. For more information contact:

Registrar, The Direct Sellers Act
Consumer Protection Division
Financial and Consumer Affairs Authority of Saskatchewan
Suite 500, 1919 Saskatchewan Dr.
Regina, SK S4P 4H2
Phone: (306) 787-5550 Fax: (306) 787-9779
Toll-free in Saskatchewan: 1-877-880-5550
E-mail: consumerprotection@gov.sk.ca

Fill out a written formal complaint if you are requesting that the Division conduct an investigation into your specific direct-sellers concern. Attach any evidence (receipts, contracts, witnesses, photos) that may assist with the investigation. A detailed letter or a completed complaint form can be mailed, faxed, or emailed. You will be contacted and kept informed of the progress.

You may also file an anonymous complaint, however, there must be some evidence of wrongdoing supplied to support your concern. Since the complaint is filed anonymously, you will not be personally informed of the Division’s actions or findings. An anonymous letter can be mailed, faxed, or emailed to our attention.