A sale is a contract by which a person, the seller, transfers ownership of property to another person, the buyer, for a price in which the latter obligates himself to pay. It’s a contract where somebody sells something, and somebody buys something.

The sellers’ obligations include delivery and guarantee ownership.

Delivery includes bringing the property or allow the customer to take it. Property form and quantity must be agreed upon.

Guarantee ownership includes what the seller is selling you must belong to them. It’s against all restrictions on ownership by a third party.

A third party can own someone else’s property if it’s by prescription (time to get the asset back ends), it sold in a judicial auction, or if the seller becomes the owner.

There is a legal guarantee against latent defects in quality. The only exceptions include “buyer beware” where the seller does not want responsibility for after the sale or anything after a judicial sale.

Conventional warranty: What the merchant offers you.

Legal Warranty: What the law says should be the minimum.

Buyers’ obligations include paying the price and taking delivery.

The types of sales contracts include outright sale, trial sale, subscription sale, instalment sale, sale with right to redemption, auction sale, and sale of residential immovable.

The Consumer Protection Act makes sure that the merchant is accountable to the consumer, that there’s no exploitation, no additional charges, and when taken to a court the contract is interpreted in favour of the consumer so that the merchant has to prove he is right.

Before the Consumer Protection Act, consumers were responsible for the quality of the product.

Caveat Emptor: Let the buyer beware.

A contractor that buys lumber from Home Depot to put into a deck is not the consumer because he’s taking it to the house to apply for the owner.

Certain businesses including itinerant merchants, money lenders and physical fitness studios must have a permit to operate.

Certain consumer contracts under the Consumer Protection Act, must be in writing such as cell phone contracts. Seller must give consumer sufficient time to read it, it must be signed, and must be given to consumer before payment.

Under the Consumer Protection Act, Merchants must provide minimum legal warranties that guarantees it’s usage, it has to do what it’s supposed to do and guarantee it’s durability, something has to last for a reasonable time.

Under the Consumer Protection Act, prohibited business practises include no false advertising of quality, characteristics of benefits of a product.

Under the Consumer Protection Act, prohibited business practises include not charge a price more than advertised, no hidden charges.

If there is a ticket scanning error that charges more than the actual price indicated and the item is more than $10, than you subtract $10 dollars from the indicated price. If the item is under 10 the item is free. If there is a sticker than the sticker is the true price.

Under the Consumer Protection Act, sales pricing must be genuine, they must have enough stock. If they do not have a enough stock, than it’s rain check.

An example of rain check is that if I was to go to a pharmacy and want to get a shampoo at a discount but it’s out of stock, I can reserve a shampoo bottle at the reduced price unless it states minimum or stated limited quantity in advertisement.

Under the Consumer Protection Act, merchant can’t mislead consumer about any existing and conventional warranty to sell own extended warranty. They must explain warranty and give written information, the merchant must sell you exactly what your getting.

Under the Consumer Protection Act, it is prohibited to advertise a spot at a specific time that appeals to kids. However, they can still get away with it such as selling sugary cereals being placed at children eye level.

Under CPA, services involving services involving sequential performance such as driving or music lessons, the payment must be in two or more equal instalments, and in some cases you might need a permit.

You can cancel at any time with a service involving sequential performance. If you cancel before you start, there is no penalty but if you cancel after the service starts it’s a maximum of $50 or 10% of service not rendered (whichever is less).

Under CPA cancelation of at a distance service, such as a cell phone, cable and satellite contracts require $50 or 10% of unused services and you must repay incentives such as a free cell phone. For example, if you sign a two-year contract with a phone included and you cancel the contract after one year than you have to pay for phone for the remaining year.

Under CPA door to door sales of merchandise and services, a consumer has 10 days to cancel upon receiving a contract.

Under CPA, credit contracts require a loan of money to be repaid over a term, it must be in equal payments, and a consumer can cancel up to two days after receiving a contract.

Under CPA, companies can’t issue consumers a card without a request from the consumer while the consumer has no responsibility if the card is lost or stolen after notifying the company and only up to $50 max without notification.

Under CPA, with installment sales, the risk of loss is assumed by the seller and the seller can only take back after 30 days default notice and court permission if over 50% paid.

Automobiles and Motorcycles with a warranty must have the seller pay for repairs while with no warranty requires an estimate for the buyer. The buyer must authorize before any repairs are done and a warranty of 3 monthes or 5000 km is required.

Household Appliances work in a similar manner to automobiles.

Under CPA, the sale of pre-paid gift cards, the merchants selling gift cards cannot impose service fees on the card, must reimburse unused amounts under $5, not place an expiry date on the card, and explain card’s conditions and provide in writing.