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What can I buy from a door-to-door salesperson?
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What can I buy from a door-to-door salesperson?
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Debt and Consumer Rights - Door‑to‑door sales
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of Government and Consumer Services
Ministry of Government and Consumer Services
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What can I buy from a door-to-door salesperson?
Reviewed:
July 18, 2018
Answer
Ontario’s Consumer Protection Act has rules that can protect you when you buy, lease, rent, or finance products or services from a door-to-door salesperson. The rules apply if the total charges are more than $50 before taxes.
A door-to-door salesperson is someone who comes to your home and tries to sell you something. Some examples are:
- services for your home, like snow removal, roofing services, or security services
- products for your home, like kitchen knives
What is not allowed to be sold door-to-door
Starting March 1, 2018, there are new rules if a door-to-door salesperson wants to sell you:
- furnaces
- air conditioners
- air cleaners
- air purifiers
- water heaters
- water treatment devices
- water purifiers
- water filters
- water softeners
- duct cleaning services
- any product or service that does the job of any of the above, like an HVAC system
The law calls these prescribed products and services.
If you have questions or concerns about a door-to-door salesperson that you have talked to or bought something from, call Consumer Protection Ontario at:
- 416-326-8800 (Toronto area) or toll-free at 1-800-889-9768
- TTY: 416-229-6086 (Toronto area) or 1-877-666-6545
Energy contracts
Energy retailers are companies that offer contracts for electricity or natural gas. Door-to-door energy retailers must follow different rules.
For information about these rules and what you can do if you have problems with energy retailers, visit the Ontario Energy Board website or call 1-877-632-2727.
1. Check if the salesperson was allowed to sell to you at your home
Starting March 1, 2018, sellers are not allowed to sell the following things at your home unless you invited them into your home for that purpose:
- furnaces
- air conditioners
- air cleaners
- air purifiers
- water heaters
- water treatment devices
- water purifiers
- water filters
- water softeners
- duct cleaning services
- any product or service that does the job of any of the above, like an HVAC system
The law calls these prescribed products and services.
But these prescribed products and services can be sold at your home if one of these exceptions is true:
- You contacted the salesperson first and asked them to come to your home to sell you one of these products or services.
- You already have a contract for one of these products and services, and
- you invited the salesperson to your home, and
- before coming to your home, they asked you if they could offer you a new contract, and
- you said yes.
Sellers are allowed to leave flyers or other advertising at your home but they are not allowed to contact you or speak to you at your home about these products or services unless you invited them first. And they are not allowed to leave advertising with false information.
If a seller broke these rules and you signed an agreement for any of these things on or after March 1, 2018, the contract is “void”.
Void contracts
If your contract is void, it means you do not have to pay anything, even if you have already used the product or service. If you paid anything, you have one year to demand a refund from the seller.
If you have already received the items you ordered, the seller usually has to pick them up or pay the cost for you to return them.
If you were charged anything to remove or return the product, the seller might have to pay that money back to you.
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Reviewed:
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2. Read your contract
When you buy something from a door-to-door salesperson, the seller must put the agreement in writing for you to sign, and they must give you a copy of it. The written agreement must include all of the following information:
- the seller’s name, telephone number, and address
- your name and address
- an accurate description of the product or service you’re buying, renting, leasing, or financing
- the total cost of each item
- the total amount you must pay, when and how you must pay, and what currency that amounts are listed in if it is not Canadian dollars
- when and where the product will be delivered or when the services will be provided, how they will be installed, and when they will be completed
- a list of your legal rights as a consumer and an explanation of any rights you have to cancel, return, exchange, or get a refund
If your written agreement does not have this information, you can cancel it at any time within one year after you made the agreement.
Prescribed products and services
There are different rules for what information must be in the contract for a prescribed product or service.
The seller must put a cover page on the front of the contract. The cover page tells you about some of your rights. The cover page will also:
- ask you to confirm that you invited the seller to come into your home
- tell you that you can cancel the contract within 10 days for any reason (this is called the cooling-off period)
- remind you to review the contract before signing it
If the contract is signed on or after May 1, 2018, it must also include:
- details about any other contracts that you have with the same seller
- a guarantee that the item will work for the whole term of the contract
- a statement about whether the product is new, used, or reconditioned
- an itemized list of any additional charges like delivery, installation, removal, or late payment fees, and the amount of those charges, including taxes and interest
- how to cancel the contract and any cancellation fees
Understand your agreement
Make sure you understand the contract before you sign it. Ask the seller questions if there are things you do not understand.
Ask questions like:
- How long is the contract for?
- What are the payment terms?
- Will the contract be automatically renewed?
- When and how can I cancel the contract?
- Are there any cancellation fees or other added costs?
- Is there a warranty?
If the seller promises you something that is not in the contract, ask them to add it to the contract. Otherwise it will be very hard for you to prove what they promised.
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Reviewed:
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3. Cancel your contract
If you want to cancel a door-to-door agreement, first figure out the date you have to cancel by.
|
Reason |
Deadline |
|---|---|
|
I changed my mind. |
Cancel up to 10 days after you receive a copy of the agreement. This is called the cooling off period. |
|
The agreement does not include all of the required information. |
Cancel up to one year after you made the agreement. |
|
The seller used an unfair practice. |
Cancel up to one year after you made the agreement. |
|
The seller is more than 30 days late delivering my order or starting the services. |
No deadline to cancel as long as you have not agreed to accept late delivery or late start. |
|
The agreement is for something that is not allowed to be sold door-to-door. |
Contract is void so no need to cancel, but you have one year after you paid to demand your money back. |
How to cancel your contract
Before the deadline passes, you must tell the seller that you want to cancel the agreement. It is a good idea to tell them in writing. There are sample cancellation letters on the Ministry of Government and Consumer Services website.
Your letter should include:
- your name and address
- the date
- the name and address of the company
- the date of your contract
- that you want to cancel the contract
- the date that you want a response by
- your signature
Your letter should tell the seller the reason you are cancelling or why the contract is void. For example, you should say which information was missing from the written agreement. If you are within the 10-day “cooling off” period, you can just say you changed your mind. If you think your contract is void, you should also ask for your money back.
You should keep a copy of the letter for yourself. Make a note of the date that you mailed, emailed, or personally delivered the letter to the seller.
After you cancel your contract
When you cancel a contract, the seller usually has 15 days to return your money. If the contract was for a product, you are not responsible for sending it back. If the seller wants any items back, they must either pick up the product or pay the cost for you to return it.
If you had to pay anything to remove or return the product, the seller might have to pay you that money back.
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Ministry of Government and Consumer Services
Consumer Protection Ontario
Reviewed:
July 2018
4. Complain to the Ministry of Government and Consumer Services
If you cancel your contract and the seller does not give you your money back, you can complain to the Ministry of Government and Consumer Services.
The Ministry has a complaint form that you can fill out and email. You can also print and mail or fax it to the Ministry at this address:
Ministry of Government and Consumer Services
Consumer Protection Branch
Box 450
1201 Wilson Ave Building A
North York ON
M3M 1J8
Email: consumer@ontario.ca
Fax: 416-326-8665
You have to include information about:
- whether you sent a complaint letter to the seller (if you did, attach a copy)
- whether you have documents that prove your claim, like receipts, invoices, contracts, or other important documents
- your complaint
- details about the seller
- what you want the seller to do
- your contact information
The Ministry will look into your complaint and decide if they should investigate. They might help you try to settle your dispute through mediation.
Mediation is where you and the seller sit down to try to find a solution to your complaint. A trained mediator is a neutral person who does not take sides and does not make a decision. They will try to help you reach an agreement.
The Ministry may start an investigation if mediation is not successful. The Ministry can order the seller to follow the rules or add the seller to the Consumer Beware list.
In some cases, the Ministry can also take the seller to court for not following the Consumer Protection Act. If the seller is found guilty, they can get a warning, a fine, or even be sent to jail, and they may be ordered to pay some money to you.
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Reviewed:
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5. Think about going to Small Claims Court
If the Ministry is not able to help you, or if your claim is for $35,000 or less, you might want to sue the seller in Small Claims Court. You must file your claim within 2 years of when you first knew about the problem.
If you want to sue for more than $35,000, you have to do this in Superior Court. It's very hard to do this without a lawyer. If you want to sue in Superior Court, you should try to get legal help. If you still want to sue in Small Claims Court, you can waive the amount that is over $35,000. For example, if you are owed $40,000, you can waive your right to $5,000 and sue in Small Claims Court for $35,000.
The Ministry of the Attorney General website has a self-help guide for Small Claims Court.
In Small Claims Court you have a chance to tell your story to a judge and present your evidence. The seller will also have a chance to tell their story.
You don’t need a lawyer to represent you in Small Claims Court. But talking to a lawyer or paralegal can help you understand the court process. If you have a low income, you might be able to get help from Pro Bono Ontario.
But there are some reasons why you might not want to sue in court, including:
- you have to pay court fees
- if you lose, the court could order you to pay some of the seller’s legal costs
- the process can be complicated, especially if you don’t have a lawyer
- it can take a year or more
- if you win but the seller doesn't pay, you have to try to collect the money on your own
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Ontario Ministry of the Attorney General
Reviewed:
July 2018