Buyers Remorse Law

[PowerPlayoffs06]

My wife went this morning to see about joining LA Weightloss and they suckered her in to signing a contract even thought I expressly told her NOT to sign anything and NOT to give them any money until she'd come home and discussed it with me first. When they told her how much the program was, she was hesitant and they pressured her into signing, even going so far as to coach her with some roleplaying on how she would confront me about it. She told the sales girl she didn't have enough to pay the full cost anyway and they asked her to pay as much as she could which was only $200 for a $1500 program cost.

I believe there's some sort of Buyers Remorse law in Canada when signing contracts for gyms or cell phones or things like this. Something like 3 or 5 days to change your mind and get your money back. Is this actually a law or is it just sort of a courtesy offered by some places at the vendors discretion?

[Slava]

I don't know specifically regarding gyms and that sort of thing, but in general its 10 days as far as I know.

[DuffMan]

I thought you were going to say you had buyers remorse for your wife.

[amorak]

This is, I believe, a provincial matter and I am not sure there is anything out there. The closest thing I can think of would be the Alberta Fair Trade Act, however I don't believe there is an overriding buyers remorse portion - only if she signed it under certain situations, that are deemed unfair, does it kick in.

Ontario has a buyers remorse act, but I think you may be SOL in Alberta for a general equivalent.

You could tell them she was drunk and unfit to sign a contract

http://www.servicealberta.ca/1013.cfm

I found this helpful last year when one of my employees bought a vacuum cleaner from a door to door saleman.

[amorak]

Originally Posted by Puxlut

http://www.servicealberta.ca/1013.cfm

I found this helpful last year when one of my employees bought a vacuum cleaner from a door to door saleman.

The Fair Trading Act allows you to cancel a sale within 10 days of receiving your copy of the signed contract if:

• The purchase was for more than $25
• The purchase was made away from the seller’s normal place of business
• The purchase was intended primarily for your personal, family or household use

This is what, IMO, makes this section of the AB FTA useless in this situation. This part of the act relates to direct sellers (door to door salesman) and was enacted to stop some of their shady activities. It wouldn't apply in this case, as it was purchased at the seller's normal place of business.

[Jimmy Stang]

Originally Posted by amorak

The Fair Trading Act allows you to cancel a sale within 10 days of receiving your copy of the signed contract if:

• The purchase was for more than $25
• The purchase was made away from the seller’s normal place of business
• The purchase was intended primarily for your personal, family or household use

This is what, IMO, makes this section of the AB FTA useless in this situation. This part of the act relates to direct sellers (door to door salesman) and was enacted to stop some of their shady activities. It wouldn't apply in this case, as it was purchased at the seller's normal place of business.

It would appear that the third point would apply here, wouldn't it? It sounds like that "clause" was included to prevent businesses from reneging on B2B deals, but seems to cover personal purchases. Edit: unless, of course, all three points need to be met.

[amorak]

Yes, both points 1 and 3 are valid here, but that list is not inclusive, it's exclusive. IE, all 3 points must be valid.

[amorak]

So the OP doesn't go down the wrong path - directly from the link: Door-to-door salespeople sell everything from encyclopedias and magazines to home improvements. If a contract is signed, negotiated or concluded away from the seller’s usual place of business, it is considered a direct sale.


This portion of the FTA deals only with direct sales, which must meet those 3 points I mentioned above, and is intended for door to door salesman. I am not saying there isn't different legislation/acts/whatever elsewhere, but I don't think this is the one you're after.

PS I am not a lawyer and these are just my ramblings

[Jimmy Stang]

Hypothetical scenario: You tell this place to stuff it, put a stop payment on any future withdrawals from your account (if such a thing was a set up), etc. Would they take action and/or collections against you for a service that you have never received? Sure, a contract was signed, but would they realistically be motivated to pursue it?

And, of course, I'm not a lawyer.

My wife did a similar thing with a gym membership. I said that, even if you're sure you want it, don't sign on the spot. The same offer will be there tomorrow. An hour later I get a call from her asking for the account number for direct payments... In fairness to her, it is not a big amount and she's been going 2-3 times a week for a few months now. I consider it justified.

[PowerPlayoffs06]

Well after a big long talk with some tears and emotions involved we're going to let her go through with the program. I'm hesitant, cuz that's a lot of money, but apparently I need to be more supportive and less overly-cautious. :/

[drewboy12]

Originally Posted by PowerPlayoffs06

Well after a big long talk with some tears and emotions involved we're going to let her go through with the program. I'm hesitant, cuz that's a lot of money, but apparently I need to be more supportive and less overly-cautious. :/

women....

Originally Posted by amorak

Yes, both points 1 and 3 are valid here, but that list is not inclusive, it's exclusive. IE, all 3 points must be valid.

Sorry... I thought it was an "any of the above" deal.

The right answer to your wife should have been:
"Forget the money...you're beautiful to me and don't need to lose any weight."
Bang! You get a month worth of oral favours for a comment like that

[Sliver]

Originally Posted by PowerPlayoffs06

Well after a big long talk with some tears and emotions involved we're going to let her go through with the program. I'm hesitant, cuz that's a lot of money, but apparently I need to be more supportive and less overly-cautious. :/

Point out all of her logical fallacies. My wife loves when I do that.

[Kjesse]

The issue here seems to be that your wife really wants something, and you don't think the money is worth it. And it sounds like you've relented. So just for information purposes, nothing you've mentioned specifically grants relief under the Fair Trading Act, though it does have a sort of "catch all" subsection that could apply in a case like that, if your wife really didn't want to enter into the contract:

6(1) In this section, “material fact” means any information that
would reasonably be expected to affect the decision of a consumer
to enter into a consumer transaction.
(1.1) It is an offence for a supplier to engage in an unfair practice.
(2) It is an unfair practice for a supplier, in a consumer transaction
or a proposed consumer transaction,
(a) to exert undue pressure or influence on the consumer to
enter into the consumer transaction;

That's pretty vague, but the more specific circumstances listed in the legislation do not apply to this situation. Here's the remedy if the above (undue influence) has happened:

7(1) A consumer may cancel at no cost or penalty to the consumer
a consumer transaction, whether written or oral, that was entered
into by the consumer and a supplier who engaged in an unfair
practice regarding the consumer transaction, whether the unfair
practice occurred before, during or after the time when the
consumer transaction was entered into, and in addition the
consumer is entitled to any remedy that is available at law,
including damages.

More likely, your wife really wanted this and the ladies in the store convinced her to proceed without your input. I doubt that's undue influence under this legislation, but that's a tough call.

The statue and regulations are available free on the Alberta Government website, and through www.canlii.org.

[Winsor_Pilates]

Sounds like a good sales person

[KTrain]

Originally Posted by PowerPlayoffs06

Well after a big long talk with some tears and emotions involved we're going to let her go through with the program. I'm hesitant, cuz that's a lot of money, but apparently I need to be more supportive and less overly-cautious. :/

Since she's going through with it I have some advice about LA Weight-loss. My mother-in-law went through the program a few years ago. It worked great for her, however your wife needs to follow their rules to the letter to receive the "money back incentive" for reaching her goals. If she misses a weigh-in or consultation she will forfeit the money, even if she reaches her goal weight. They're pricks that way.

[Pinner]

Originally Posted by PowerPlayoffs06

Well after a big long talk with some tears and emotions involved we're going to let her go through with the program. I'm hesitant, cuz that's a lot of money, but apparently I need to be more supportive and less overly-cautious. :/

Where's Micky when you need him.

What's next, you going to do the dishes now?

[GreenLantern]

So... would that law work with hookers..?

Just curious.. for a friend..

[Cowperson]

Originally Posted by Winsor_Pilates

Sounds like a good sales person

Good salespeople get repeat business and build a long-term clientele because they don't talk people into buying things they neither want nor need.

The gym subscription salespeople I've met through the years all seem to be pretty shady . . . . . get the money in the door no matter what, including illegal sales practices like "just sign it while you're here and I'll put it aside until you talk to your husband. If he's okay with it, we'll go ahead and, if not, I'll just rip it up."

I suspect a good percentage of these sales never use the full value of the service they're paying for and never come back once it's wrapped up.

As such, they've got to keep the turnstiles revolving constantly with new sales any way they can.

It's always struck me as a very unlovely business.

Cowperson