“What have I done wrong? How have I failed you?” the salesman pleaded. In a soft moment I made the mistake of agreeing to listen to a presentation from a vacuum cleaner salesman.
The promised 15 minute presentation with no obligation and a free gift turned into a one hour, high pressure, annoying sales pitch.
“Do you really like dirt in your house?” the salesman persisted.
“Thank you, but I’m not buying, so please leave,” I replied. He then purported to call his supervisor explaining that he had indeed showed all the features “but we still weren’t buying.”
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Door-to-door sales and telephone solicitations are legal but there are special rules that apply to such sales. The main feature of those rules is allowing purchasers to change their minds, without specific reason, even after signing the contract.
The period in which you can cancel is usually 10 days and, as part of the contract, the seller must provide the buyer in writing a statement regarding the right to cancel. In such cases, the seller is required to refund any money paid and of course, the buyer must return any goods received. In Alberta, those rules are found in the Fair Trading Act.
In most provinces the contract can be cancelled within up to one year if the seller is not properly licenced; if the goods are not delivered within 30 days or the agreed upon time; or if the contract doesn’t include all the legally required information including a statement that clearly outlines the right to cancel. Notice to cancel can be given in any way including orally in some provinces as long as the intention to cancel is clear. If cancelling a sale, I suggest the consumer put it in writing and send it by post or fax with proof that it has been sent.
Direct sellers must be licensed and as part of the conditions for obtaining a licence, they must provide an address where notice to cancel can be given. In some provinces, direct sellers must be bonded.
Complaints in Saskatchewan should be addressed to the consumer protection branch of Saskatchewan Justice; in Alberta to the consumer information centre of Government Services and in Manitoba, to the consumer bureau.
In dealing with a direct seller, remember the following points: You are under no obligation to listen to a telephone pitch.
A door-to-door salesman has no special legal status to visit your property. You have the right to ask him to leave at any time. If he doesn’t, he’s a trespasser. Always ask a direct seller to produce his licence. Ask to see the contract. Take time, even a few days, to study the contract and think about whether you want to make this purchase. The salesman will undoubtedly try to pressure you, however, take the time. If he really wants the sale, he will follow up.
