A lawn care company calls and asks if you want to buy a summer package of lawn cutting and weeding. Or, you fill out a subscription card to have a magazine sent to your home. It is possible to form a contract with someone that you have never met in person, even if you did not sign anything. This article will explain how such “remote agreements” are regulated by law.

What is a remote agreement?
When an agreement is made between a buyer and a seller who are not physically together in the same place it is called a “remote agreement.” The Consumer Protection Act, 2002 (CPA) protects remote agreements for goods or services worth $50 or more if at least one of the parties is in Ontario when the agreement is made. The following rules apply to remote telephone or mail agreements, but not internet agreements (which have special rules under the CPA).

What information must a seller Provide before the agreement is made?
The seller must give you certain information, orally or in writing, before you enter into the remote agreement. The seller can refer you to an existing resource like a website or a pamphlet to find this information. Required information includes the name, telephone number and contact address of the seller. The seller must also provide an accurate description of what is being sold, a breakdown of all prices including taxes and shipping, and the seller's best estimate of any other charges (such as taxes or customs charges). You must have the chance to accept or decline these terms and correct any errors before entering into the agreement.

What information must a seller provide after the agreement is made?
The seller must give you a copy of the complete agreement in a way that you can save, print or copy it. This can be done by email, fax, mail or hand delivery. This copy must include everything that was provided or should have been provided before the agreement. It must also include the seller's phone number, fax number, address and email address, the name of the buyer and the date of the agreement. The copy must be delivered at the earlier of these two days: either within 60 days after the agreement is formed, or within 30 days after the good or service is provided by the seller.

What are my rights if the seller doesn't give me this information?
When a seller has not given you the required information before the contract is made, you may cancel the agreement up to seven days after receiving a copy of the complete agreement. If the copy of the agreement is not delivered on time, or it is missing required information, you may cancel the agreement within one year of entering into it. If you cancel the agreement, you must do so in writing and should keep a copy. You must return any property to the seller within 15 days of the cancellation, and the seller must return any funds you paid within 15 days of the cancellation date.

For further information, please visit the Ministry of Consumer Services website at tinyurl.com/mcs2013 or call 1-800-889- 9768. In addition, you can find more information about consumer protection topics at any time in a series of Community Law School webinars archived online at yourlegalrights.on.ca/training-topic/consumer-law. Be empowered, and stay tuned.

This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University, with financial assistance from the Law Foundation of Ontario. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326.
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