SPLIT: Fair trade act WAS: Did I get a good deal??

[69cougar]

[QUOTE]Originally posted by dericer
[B]No matter what BS the dealer may feed you.

you have rights:

1) after 10 days of signing the sales agreement you can back out with no penalty for any reason.

2) a full refund of your deposit must be returned to you with in 15 days of cancelling said agreement

3) NO sales agreement is technically valid if signed by the purchasor (you) at the place of business of the sellor. (has to do with the purchasor feeling pressured at time of signing)

4) ALL sales agreements must contain a clause describing the cancellation terms (item 1) to be legal in the province of Alberta.

I had a dealer threaten to sue me if I backed out of a deal and I didn't even sign a sales agreement let alone wait for the 10 day period to expire lol.

If you feel this wasn't a deal you wanted after all DO NOT buy the car. Or use these tactics to get a better deal atleast.


Just my .02 and good luck finding a new car.

That information is incorrect. That is for direct sales contracts. This would be a door to door salesperson deal. Dealership transactions do not fall under Direct Sales as you approach the dealership and have had time to decide what it is you want to do there.

[dericer]

[QUOTE]Originally posted by 69cougar
[B]

Originally posted by dericer
No matter what BS the dealer may feed you.



That information is incorrect. That is for direct sales contracts. This would be a door to door salesperson deal. Dealership transactions do not fall under Direct Sales as you approach the dealership and have had time to decide what it is you want to do there.

Actually it is correct.

The fair trade act was amended in the late 90's (I think late 90's can't remember now) so that there are only two forms of sales agreements recognized. 1) Time Share agreements 2) Direct Sales agreeement.

Clause 24(a)i : refers to the definition of the sales agreement paraphrasing " a sales agreement other than a time share that has considerations for good and services and include an offer to buy said goods"


The cancellation clause allows for the cancellation of said agreement for any reason granted by the consumer.

Plus ( the rare kicker that can work for a LEMON)

Special cancellation rights can be granted within a year of the sales agreement (good luck getting this extention but its can happen)

Source:

http://www.qp.gov.ab.ca/Documents/acts/F02.CFM


24(a)i

[69cougar]

Originally posted by dericer


Actually it is correct.

The fair trade act was amended in the late 90's (I think late 90's can't remember now) so that there are only two forms of sales agreements recognized. 1) Time Share agreements 2) Direct Sales agreeement.

Clause 24(a)i : refers to the definition of the sales agreement paraphrasing " a sales agreement other than a time share that has considerations for good and services and include an offer to buy said goods"


The cancellation clause allows for the cancellation of said agreement for any reason granted by the consumer.

Plus ( the rare kicker that can work for a LEMON)

Special cancellation rights can be granted within a year of the sales agreement (good luck getting this extention but its can happen)

Source:

http://www.qp.gov.ab.ca/Documents/acts/F02.CFM


24(a)i

Sorry man you are wrong, dont give people false hope. The FTA did not come into affect until 1999.

FTA s24(a)(ii) states a Direct Sales Contract is when the:

the contract is negoiated or concluded in person at a place OTHER than the suppliers place of business or at a place other than a market place, auction, trade fair, agri fair or exhibition.

A dealership obviously does not fall into this definition.

I know you are trying to help but you should understand the legislation if you are trying to quote it.

[tictactoe2004]

Originally posted by RobBrown
I am maybe just getting a bit of cold feet.

lol, it's called buyers remorse, i've seen it a million times... it's when your not 100% sure or 100% ready to make up your mind... and the sales person "helps" you make your decision.

[RUQUIKR]

Originally posted by 69cougar


Sorry man you are wrong, dont give people false hope. The FTA did not come into affect until 1999.

FTA s24(a)(ii) states a Direct Sales Contract is when the:

the contract is negoiated or concluded in person at a place OTHER than the suppliers place of business or at a place other than a market place, auction, trade fair, agri fair or exhibition.

A dealership obviously does not fall into this definition.

I know you are trying to help but you should understand the legislation if you are trying to quote it.

I am a AMVIC certified salesperson and you are correct, this does not apply.

[dericer]

Originally posted by 69cougar


Sorry man you are wrong, dont give people false hope. The FTA did not come into affect until 1999.

FTA s24(a)(ii) states a Direct Sales Contract is when the:

the contract is negoiated or concluded in person at a place OTHER than the suppliers place of business or at a place other than a market place, auction, trade fair, agri fair or exhibition.

A dealership obviously does not fall into this definition.

I know you are trying to help but you should understand the legislation if you are trying to quote it.

Actually I am very familiar with it, I had to learn all about in civil law class. It came into effect in 1998.

Please read the statement i or ii, not i and ii

[69cougar]

Originally posted by dericer



Actually I am very familiar with it, I had to learn all about in civil law class. It came into effect in 1998.

Please read the statement i or ii, not i and ii

You are missing the whole point. DIRECT SALES CONTRACT. Buying a car is not a DIRECT SALES CONTRACT.

Did you pass your course??

[dericer]

Dude, then what is it if its not a direct sales contract?

Keeping in mind there are only two recognized types of sales contracts for the sale and purchase of retail goods to consumers?

And it obviously isn't a time share contract.

[Weapon_R]

What civil law course did you take?

[dericer]

Here's a dirrect reference to the FTA being the regulatory body for AMVIC.

Alberta Motor Vehicle Industry Council (AMVIC)
The Fair Trading Act allows the Minister to establish industry self-regulatory boards. The Alberta Motor Vehicle Industry Council has the authority to license automotive businesses that include retail and wholesale vehicle sales, body shops, garages, specialty-repair shops (e.g. transmission repairs), mobile automobile repair services, automotive leasing, prepaid auto service contracts and consignment sales. The Council also investigates complaints about automotive businesses.

http://www.cbsc.org/servlet/ContentS...6446464&c=Regs

My class:


Business Law ENTR 611.3 & 612.3 (Wasn't called that when I went in '99 -'00 but is the exact same course)

It's part of the Olds College BaS Agribusiness curriculum (yeah I know its Olds college but it is taught by a qualified Lawyer)

Anywho I am done with this thread. If you would like anymore info on this please google it.

[69cougar]

Well it is right here in the link you supplied:

Contracts for time shares, electricity marketing, natural gas direct marketing, Internet sales and prepaid contracting have consumer cancellation rights and specific contract requirements.

Where would a car contract fit in here??


The Alberta Motor Vehicle Industry Council (AMVIC) is responsible for automotive licensing and complaints about automotive sales (including consignment sales) and repairs.

This includes unfair trade practices S6 of the FTA as well as the Automotive Business Regulations and Consignment vehicles.

It does not include Direct Sales as they do not exsist in the auto industry.

This whole thread had to do with if he got a good deal not if he could cancel and he can not he signed a contract agreeing to terms he negoiated. IF anything it is now a civil matter.

[kaput]

.

[Khyron]

Law fight. So what is the cooling off period for a car deal signed in a dealership? I though you have at least 24 hours to change your mind no matter what you sign?

Khyron

[69cougar]

There is no cooling off law currently in Alberta. This is all an old wives tale. From what I hear they may be considering adopting one.