How many days do you have to get out of any contract?

[ainsane]

I remember hearing something before about legally being able to get out of any signed contract within a few days. Does anyone have any more exact info regarding this?

Thanks.

[MilkyWind]

I thought it was like a few hours (Like 18 hours)? no clue

[Ryan]

I think it depends on the type of contract. With a door to door salesman, you have a 3 day cooling off period.

[Jim123]

In Ontario you have a 10 day cooling off period for purchases or contracts done in your home. This quote is taken from the Ontario Government site on Consumer Rights (http://www.cbs.gov.on.ca/mcbs/english/26ee_3ea.htm):

A cooling-off period

Great for when you've had second thoughts about that "low-cost" frozen food plan!

Let's say you make a purchase or sign a contract in your home. If the deal is worth more than $50, you have the right to cancel within 10 days. If you do this by registered mail or hand-delivered letter you're entitled to get your deposit back.
Does this cover your situation?

[pgcanred]

You probably need to be more specific to get any help. Or speak to a lawyer.

[ainsane]

Oh, a car lease.

[cookie-monster]

If it's a contract for a pre-paid service (e.g. gym membership), I thought you only had 5 days to get out of the contract in Ontario. Check the Ontario Prepaid Services Act for details. (Google for legislation)

Note: you can also try and get out of the contract if the contract doesn't comply with the formal requirements prescribed by the Prepaid Services Act, e.g. doesn't have name and address of both parties on it (see s.4(1).

If the time limits have passed, you might still be able to get out of the contract if the company/its representatives engaged in unfair practices in signing you up, e.g. misrepresented the quality of the gym facilities when you signed up. Check the Ontario Business Practices Act for the precise details (Google for legislation).

I successfully used this legislation to get out of my membership agreement with a gym, and to sue them for my overpaid membership fees. The Business Practices Act is consumer protection legislation, so don't let any organisation try and tell you (as my gym did) that they're not governed by it. They are.

For a list of all the different Ontario legislation that might help you get out of your contract (depending on what it is), follow theRegulated Business Practices / Consumer Complaints - Ontario (http://www.cbsc.org/servlet/ContentServer?pagename=CBSC_ON%2Fdisplay&lang=eng&cid=1085667966268&c=Services) link:

[v00d00]

I believe you have 0 days.

[cookie-monster]

Sorry. Just saw your reply, so I guess my research wasn't much help. :o

[ainsane]

I believe you have 0 days.

Even if you haven't gotten the car yet?

[cookie-monster]

Try researching the Ontario Consumer Protection Act, the Ontario Business Practices Act. (And, possibly, the Ontario Loan Brokers Act). Depending on your precise problem, you may be able to get out of the contract.

You'll need to tell us exactly how long ago you entered into the contract, and why (be honest here!) you want to get out of it. If the legislation doesn't recognise this as a reason for getting out of the contract, you'll then need to see if you can use any of the formalities requirements to your advantage.

Hope this helps.

[ainsane]

Try researching the Ontario Consumer Protection Act, the Ontario Business Practices Act. (And, possibly, the Ontario Loan Brokers Act). Depending on your precise problem, you may be able to get out of the contract.

You'll need to tell us exactly how long ago you entered into the contract, and why (be honest here!) you want to get out of it. If the legislation doesn't recognised this as a reason for getting out of the contract, you'll then need to see if you can use any of the formalities requirements to your advantage.

Hope this helps.

My parents are leasing a new car. I only want to know if its possible to get out of a lease just incase. The guy we're dealing with is starting to piss us off and we're almost fed up with it. Lecturing my parents on rust protecting and extended warranty... which finally made them buy it. I got them to get out of rust protection yesterday and today they will cancel the extended warranty.

He's getting annoying as was the salesman that we originally dealt with once we finalized the deal based on a carcostcanada quote.

My parents are almost fed up with all this and rather just go to a new dealership. Depending on how it goes when they try to cancel the ECP plan.

I could get into a lot more here but rather not.

[StrayB]

Even if you haven't gotten the car yet?

For a car lease, there's no cooling off period in Ontario.

[v00d00]

If you seriously do not want the vehicle, do not take possession of it.. you will have a better chance fighting them later if you never get the vehicle.

Of course fighting it all will be more hassle than the little hassle you've had dealing with the salesmen to date, so be prepared.

It's not going to be like cancelling your order at Burger King and getting a refund.

[cookie-monster]

If you think he was using pressure tactics, making misrepresentations, etc., the Business Practices Act could help you if you wanted to get out of the contract all together.

You should speak to a lawyer though. While that's my general background, consumer protection law is not my specialty.

[ainsane]

I'm sure it won't come down to that. I was asking more out of curiosity's sake than anything else.

Thanks for all the info tho.

[Rehan]

The laws are being changed at the end of this month, by the way.

http://www.newswire.ca/en/releases/archive/June2005/23/c5170.html


Government And Businesses Work Together To Bring Stronger Protections To Consumers
Smart Consumers Are Good For Business

TORONTO, June 23 /CNW/ - The McGuinty government will put in place the
most significant changes to consumer protection laws in more than 30 years,
Minister of Consumer and Business Services Jim Watson told the Toronto Board of Trade today.

"We have updated our consumer laws to reflect today's more complex,
dynamic and diverse marketplace," said Watson. "The new act will provide a
fair marketplace for businesses and ensure their contributions to Ontario's
economy."

The new Consumer Protection Act, 2002 will come into force on July 30,
2005. Businesses will have to meet new requirements, such as:

- Delivering goods or services within 30 days of the date specified
in the contract
- Ensuring final costs of home renovations or moving services do not
exceed a written estimate by more than 10 per cent
- Prohibiting negative-option billing - consumers won't be liable
for goods or services they did not ask for
- Allowing a 10-day cooling off period for agreements with fitness,
dance and vacation clubs, timeshares and most door-to-door
contracts worth more than $50.

"The new Consumer Protection Act is the result of much work and careful
consultations with more than 90 businesses and associations," said Watson.
"These changes deliver a package that makes Ontario a leader in consumer
protection."

The new legislation also provides Ontario consumers with new protections
in areas where none existed before, including Internet sales.

In addition, the new Consumer Protection Act increases enforcements with
maximum fines of $50,000 for individuals and $250,000 for corporations. Where
warranted, imprisonment for individuals will be up to two years less a day.


Backgrounder
-------------------------------------------------------------------------

CONSUMER PROTECTION ACT, 2002

The new Consumer Protection Act, 2002 (CPA, 2002) brings together and
updates six existing consumer protection laws: The Business Practices Act, The Consumer Protection Act, The Consumer Protection Bureau Act, The Loan Brokers Act, The Motor Vehicle Repair Act and the Prepaid Services Act.

The new act simplifies consumer protection legislation - making it easier
for both businesses and consumers to consult one piece of legislation rather
than the six existing laws.

Consumers now have new rights and businesses have new responsibilities
that reflect today's more complex and dynamic marketplace. The CPA, 2002
covers the purchasing and leasing of both goods and services.

Background
In 2000, the Ministry of Consumer and Business Services released a
proposal to reform and update consumer law, followed by public consultations
with more than 90 business and consumer groups who were supportive of the
directions proposed.

Overview
The act applies to consumer transactions if either the consumer or the
business is in Ontario.

Under the CPA, 2002, a consumer is defined as an individual acting for
personal, family or household purposes and does not include a person who is
acting for business purposes.

The new act applies to both goods and services. Earlier legislation
largely addressed goods, but did not provide sufficient coverage of the
rapidly growing service sector. The CPA, 2002 will apply to service-based
businesses such as: health and fitness clubs, motor vehicle repair and credit
repair agencies.

The act does not apply in an area of exclusive federal jurisdiction, such
as banking.

The CPA, 2002 outlines specific rules applicable to the four most common
consumer contracts:

- Direct contracts: contracts negotiated or concluded away from the
place of business, e.g., door-to-door sales.
- Internet contracts: contracts entered into on the Internet, e.g.,
a website where consumers place online orders.
- Remote contracts: contracts entered into when the business and the
consumer are not present together, e.g., by phone, fax or mail.
- Future performance contracts: contracts where delivery,
performance or payment in full is not made when the consumer
enters the agreement, e.g., fitness clubs.

The new legislation also provides specific rules for businesses involved
in any of the following sectors:

- Time share: a consumer can cancel an agreement, for any reason,
within 10 days after receiving a written copy of the agreement.
- Loan brokering and credit repair: advance payments for loan
brokers and credit repair are prohibited.
- Auto repair: repair shops cannot charge for work without giving
the consumer an estimate. Final charges for repair work cannot be
more than 10 per cent over the original estimate.
- Credit: lenders must disclose the cost of borrowing.
- Leasing: a disclosure statement must be given to the lessee before
entering the lease or before accepting payment.
- Personal development services and facilities: businesses such as
fitness clubs and dance studios must provide consumers the option
to pay monthly installments.

All consumer agreements must comply with the new law. Businesses should
consult a lawyer to find out how.

Penalties Under the CPA, 2002

Stronger enforcement remedies include:

- Maximum fines of $50,000 for individuals
- A corporation convicted of an offence under the act can be fined
up to a maximum of $250,000
- Maximum prison sentence of two years less a day.

Getting Ready for the New Law

The CPA, 2002 was published in the Ontario Gazette on February 19, 2005
and takes effect on July 30, 2005. Businesses were given five months to
prepare.

To read or download a copy of the Consumer Protection Act, 2002, visit
the government's e-laws website: www.e-laws.gov.on.ca.

Consumer information is also available on the Ministry of Consumer and
Business Services' website at www.cbs.gov.on.ca.