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

The BPCPA does not make oral executory contracts unenforceable. However, s 20 requires that the seller deliver a written copy to the buyer at the time of signing, or the contract is not binding on the buyer. Section 54 requires that the buyer provide notice of cancellation to the seller, and declares that it may be delivered by any method that permits the cancelling party to produce evidence that the contract was cancelled. Notice by registered mail, electronic mail, personal delivery, and fax is explicitly  permitted. Nowhere does the BPCPA explicitly state that a notice of cancellation shall be in writing, but a buyer should be cautious and deliver written  notice. The section explicitly permits that the notice can be given to the seller directly, or to the postal, fax, or electronic mail address of the seller  shown in the contract. When a buyer rescinds a contract under s 21, that section also provides that the goods may be retained until all of the money paid is refunded. In Woodward v International Exteriors (British Columbia) Ltd (1991), 53 BCLR (2d) 397, 1 BLR 254 (CA), verbal notice of termination of an agreement was  sufficient for the consumer to terminate this form of contract. Note that verbal notice may not be sufficient in all instances and written notice remains advisable. B.Future Performance Contracts A future performance contract is defined in s 17 as: ...a contract between a supplier and a consumer for the supply of goods or services for which the supply or payment in full of the total price payable is not made at the time the contract is made or partly executed, but does not include: (a)a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount, (currently no amount has been so prescribed); (b)a contract for the supply of goods or services under a credit agreement, as defined in s. 57 (definitions), if the goods or services have been supplied; or, (c)a time share contract. Future services contracts are subject to some important statutory requirements under Part 4, Division 2 of the BPCPA. The BPCPA sets out a long list of requirements under ss. 19 and 23 for the content of future services contracts, such as the name, address, and telephone number of the seller, a detailed description of the goods or services to identify them with certainty, the price, supply date, and a detailed statement of