Contract
Contract with a general contractor
The law prohibits door-to-door salespersons from requiring you to make a down payment.
When not dealing with door-to-door salespersons, if possible, do not make a down payment or pay only a small amount. Many consumers have lost considerable sums after a contractor disappeared or went bankrupt.
Contract with a door-to-door salesperson
A contractor is deemed to be a door-to-door salesperson when:
- he sells and installs doors, windows, roofing, insulation or siding;
- when the contract is entered into elsewhere than his place of business, even if you were the one to request his services.
A door-to-door salesperson must hold a permit issued by the Office de la protection du consommateur.
In addition to the clauses comprising a contract with a general contractor, a contract with a door-to-door salesperson must include the following:
- door-to-door salesperson's permit number;
- consumer's name and address, phone number, and, if applicable, fax number and e-mail address;
- door-to-door salesperson's name and address, phone number, and, if applicable, fax number and e-mail address as well as those of his representative and each of his establishments in Québec;
- date of contract and address of location it was signed;
- description of each good contemplated by the contract and duration of each service provided for in the contract;
- cash cost of each good or service;
- fees charged under federal or provincial legislation (taxes);
- terms of payment, delivery frequency and date for goods or services described in the contract;
- consumer's possibility of cancelling the contract at his discretion within ten days of the date each of the parties has a duplicate in his possession;
- all other regulatory provisions.
You must have the merchant sign two copies of the contract and then sign them yourself. The merchant must keep one copy and give you the other.
The merchant must attach to the duplicate, a statement of consumer's rights and cancellation form to be completed if you decide to cancel the contract.
Beware of contractors that are in too great a hurry
Some companies begin work before the end of the period required by law. Even if they do so in the hope that their clients will be less likely to cancel their contract, these merchants should know that beginning the installation does not eliminate your right to cancel the contract within the time frame prescribed by law.
To avoid a possible source of conflict with the contractor, we recommend that you never agree to having work begin before the ten day cancellation period is over.
These merchants take major risks in acting this quickly. If you change your mind by the legal deadline, the company will have to take the consequences and must leave the premises in their initial condition.
A merchant may never penalize you or force you to renounce the contract cancellation period.
Down payments required
The law prohibits door-to-door salespersons from requiring you to make a down payment.
When not dealing with door-to-door salespersons, if possible, do not make a down payment or pay only a small amount. Many consumers have lost considerable sums after a contractor disappeared or went bankrupt.