Some contractors might request a down payment before starting the work. Here are tips on how to make your payments.
Making payments to an asphalting contractor
The law does not detail how contracting work should be paid for. If possible, do not provide a down payment to a contractor, or pay only a very small sum. Some consumers have lost money after a company closed its doors, for example.
Paying an itinerant merchant
Did you sign a contract with an itinerant merchant? it means that they solicited your business outside of their actual offices. They might, for example, have come to your home without your requesting it.
This type of contractor request or accept a down payment within the 10 days that follow the signing of the contract. They may do so under one condition only: if they have delivered goods you purchased, such as materials. This rule applies because, over those 10 days, you have the right to cancel your contract. You should therefore refuse to allow the work to begin before the end of that 10-day period to avoid any conflict.
If goods were delivered to you, the contractor may ask for payment, but they are required to deposit that money in a trust account until the end of the 10-day delay.
Some merchants are exempt from this requirement, provided for in article 255 of the Consumer Protection Act. Refer to our tool Get information about a merchant to know whether the contractor you hire benefits from such an exemption.
Making a payment over 2 months before the start of the work
If the contractor requests a payment to be made over 2 months in advance:
- check whether they have a trust account;
- write down the check payable to “[name of the merchant] in trust.”
A trust account will protect you in case the company goes bankrupt or closes its doors. The amounts deposited in such an account could serve as damages if something happens.
Some merchants are exempt from having this type of account. Refer to our tool Get information about a merchant to know whether the contractor you hire benefits from such an exemption.
Knowing the regulations if a contract is concluded by phone or online
If you concluded a contract by phone or online, the contractor might request or accept a payment before the work begins under only one condition: if you pay by credit card.
Last update : May 3, 2021
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