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Direct Sales, Future Performance, and Time Share Contracts (11:V): Difference between revisions

From Clicklaw Wikibooks
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A direct sale is unenforceable by the seller if the buyer is required to make a down payment in excess of a prescribed amount (''BPCPA'' s 20(3)(b)). In the ''CCR'', s 4(2) sets the amount of down payment prescribed under s 20(3)(b) as the lesser of $100 or 10% of the total price.  
A direct sale is unenforceable by the seller if the buyer is required to make a down payment in excess of a prescribed amount (''BPCPA'' s 20(3)(b)). In the ''CCR'', s 4(2) sets the amount of down payment prescribed under s 20(3)(b) as the lesser of $100 or 10% of the total price.  


:'''NOTE:''' Whether the purchaser has '''accepted''' goods is determined by the definition in the ''Sale of Goods Act'' (s 39).  
:'''NOTE:''' Whether the purchaser has '''accepted''' the goods is determined by the definition in the ''Sale of Goods Act'' (s 39).  


The ''BPCPA'' does not make oral executory contracts unenforceable. However, s 20(3) requires that the seller gives a written copy of the contract to the buyer at the time of signing. Otherwise, the contract is not binding on the buyer.
The ''BPCPA'' does not make oral executory contracts unenforceable. However, s 20(3) requires that the seller gives a written copy of the contract to the buyer at the time of signing. Otherwise, the contract is not binding on the buyer.