Making a Purchase

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in March 2017.

When you make a purchase, you are making a contract. A contract is a legally enforceable agreement. As parties to the agreement, you and the seller have certain legal rights and obligations.

The seller must not mislead you

Under BC law, sellers are not allowed to mislead you to convince you to buy something. In their advertising and in their conversations with you, a seller cannot say anything that has the capability of deceiving or misleading you. For example, a seller must not advertise or tell you that:

• what they are selling has uses or benefits that it does not have
• what they are selling is of a particular standard or quality when it isn’t
• they have an approval, status or connection that they don’t have
• you are getting a special price or benefit when they are really offering the same thing that you can get somewhere else

There are also federal laws that prohibit sellers from advertising or saying anything that is false or misleading. For example, a seller must not advertise or tell you that:

• what they are selling is on "sale" or "special" unless the price is lower than the ordinary selling price (and they can’t artificially increase the ordinary price)
• what they are selling performs at a certain level unless they can prove it (for example, saying they offer “the fastest network in Canada”)
• what they are selling is endorsed by someone when that is not true (that is, they can’t make up a fake testimonial)

No one actually needs to be deceived or misled for a court to find that a representation is misleading. If the general impression given by a representation is misleading, that is enough. Here are examples of misleading representations:

• A lender advertising “CMHC Approved” when neither the lender nor their loan has that approval.
• A retailer advertising “Your discount - 50% off all prices shown in this catalogue", when the discount price is in fact the ordinary selling price.
• A roofing salesperson saying that your house needs a new roof when it doesn’t.

Also against the law are “bait and switch” tactics. That is when a seller advertises something at a bargain price but doesn’t stock reasonable quantities. Once at the store, you discover that what was advertised (the “bait”), is sold out. The seller tries to “switch” you to buy some other (typically more expensive) item. They can’t do that. The seller has to stock reasonable quantities or offer you a rain check. Sellers who break these laws can be fined, jailed, or ordered to compensate consumers who suffer losses.

How do I start a complaint?

Step 1: Collect the information

For example:

• Prepare a description of the goods you bought. This can include anything the seller said to you about the goods, anything the seller advertised, or anything the seller gave you in writing.
• How much you paid, and receipts or other proofs of purchase.
• Copies of any documents, for example, a warranty.
• Details of the problem:
  • what the problem is with the goods you bought,
  • when you first noticed the problem, and
  • how long you have had the goods, or if you have not had the goods at all, when you were supposed to receive them?

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Step 2: Be ready to keep notes on what happens

• Who did you talk to? (Ask for the person's name or title — sales clerk, manager, etc.)
• When did you talk to them?
• What did you tell them:
  • about the problem, and
  • about what you want them to do?
• What did they say to you?
• What was the next step that:
  • you said you would take, or
  • they said they would take?

Step 3: Let the company know you have a problem

The first step is to find the right person to talk to about the problem. You may contact the store or company in person or you may make a phone call. Have your information with you. You could start with something like this:

My name is __________. I would like to make a complaint about the product I bought from your company. Could you direct me to the person who handles complaints?

They may tell you that you have to make your complaint in writing. If they do this, ask for the name and address you send the letter to.

The Canadian Consumer Information Gateway has a Complaint Roadmap, an information tool that provides a step-by-step approach to help you present your complaint to a business. The Roadmap includes a sample complaint letter that you can use to develop your letter. Visit www.consumerinformation.ca and look under "Complaint Roadmap."

Steps to make a complaint

There are three steps to make your complaint. You can use them if you make a complaint in person, by phone, or by letter.

Step 1: Explain the problem

You can say something like this:

I bought my _________________ (the item you purchased) on ____________(date), at ____________(location). The model number is _________________. I am contacting you because the product is: (choose one)

• not working right
• cannot do what it is meant to do

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Step 2: Explain what you want

You can say something like this:

I think it is only fair that you: (choose one)

• replace the product
• provide me with a refund
• repair the product free of charge

The person from the store or company may agree to do what you ask for. In this case, ask when they will do this.

If the person does not agree to do what you ask for, ask to speak to the manager of the company or to the head office. Get the phone number or the address. If you do not get what you want from the store or company, tell them what you will do next. You can say something like this:

I still hope we can reach an agreement on this. If not, I will stop buying from your company and I will tell other people about this problem. If I do not hear from you by____________ (give a date) my next step will be to: (choose one or more)

• file a complaint with the Better Business Bureau
• contact Consumer Protection BC

Then give your details:

• You can reach me at ____________(your address). I'll be waiting to hear from you by ____________(date).

If you do not hear back, take the next step. Do what you have told the store or company you will do.

Step 3: File a complaint

If you still do not get a satisfactory response from the store or company, you can file a complaint. One option you have for filing a complaint is the Better Business Bureau (BBB), which receives complaints about local businesses. Visit mbc.bbb.org/consumers and look under "Complaints."

You may also contact Consumer Protection BC for information and referrals on where you may file a complaint about a specific business type.

Small Claims Court

If you cannot solve the problem, your next step may be to make a claim in Small Claims Court. To find out how to make a claim in Small Claims Court, go to www.clicklaw.bc.ca, and type in "Small Claims" in the search box. The site links you to a video about Small Claims Court available in Chinese, Punjabi, Vietnamese, and English, among other resources.

Consumer Law Essentials © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.