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{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/mona-muker Mona Muker], Maple Law Group, and [https://www.dlg-law.ca/team/dean-p-davison/ Dean Davison], Davison Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = consumer}}
{{REVIEWEDPLS | reviewer = Dean Davison, Davison North Law|date= January 2020}} {{Dial-A-Law TOC|expanded = consumer}}
We’ve all been there. You purchase a product, take it home, try it out, and it doesn’t work. Fortunately, the law offers protections if you buy '''goods that are defective'''.


==Understand your legal rights==
The TV won’t turn on. That computer doesn’t have Wi-Fi. The blender doesn’t blend. The item broke. The salespeople lied. Don’t forget that you have rights. Let’s get after it.


===When you buy goods, you are making a contract===
==What you should know==
Your contract is with the person or company who provides the goods. (If a person is an employee of a company, your contract is with the company only.) Your rights and obligations depend on the terms of the contract and who you bought from.


A contract does not need to be in writing. It can be a verbal agreement.
===Remedies available to you===
If your new toaster clashes with your countertop, that’s not the manufacturer’s fault. If it doesn’t toast, that certainly is. If something you bought doesn’t work, you may be entitled to a refund, a repair, or a replacement.


The terms of a contract can be express or implied. An '''express term''' is one you and the seller agreed on — either verbally or in writing, or both.
When you buy something, that’s a contract. If the other side doesn’t do what they promised (like sell you a bike that works), they’ve '''broken the contract'''.


An '''implied term''' is one the law says is part of a contract, even though you and the seller haven’t discussed it or agreed to it.
When this happens, a handful of solutions are available. The law calls these '''remedies'''.


===If the contract includes a warranty or guarantee===
Let’s say that on your first ride with that new bike, the frame breaks. The law offers these potential solutions:
Look carefully at any '''warranty''' or a '''guarantee''' in the sale contract. A warranty or a guarantee is a promise about the quality of goods sold and what will be done if there are problems.


Warranties and guarantees are often so vague, or buried in so many qualifications, that they may not be of any value to you. Often, you must follow certain operating or cleaning instructions for a warranty or guarantee to be valid. For example, if you buy a car, the warranty may require you to get the car regularly serviced at an authorized dealer.  
* The contract is '''cancelled'''. Return the bike and get a refund.
*
* You’re awarded '''compensation'''. The seller must repair or replace the bike — and if you broke your leg when the frame broke, you may be entitled to compensation for that too.
*
* The seller is ordered to '''perform''' the contract. In other words, they have to provide you with a working bike.


Some goods are sold for certain purposes or uses only. Using the goods for other purposes can cancel the warranty.
If what went wrong was essential to the purchase (that broken frame), you’re entitled to cancel the contract. If it wasn’t essential (a squeaky pedal), you’re likely entitled to a partial refund, but you can’t return the bike.
===The law implies a legal warranty when you buy goods===
Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-410/latest/rsbc-1996-c-410.html#sec17_smooth law in BC], a level of quality, performance and durability is implied into every contract for the sale of goods. The goods must be:
*reasonably fit for the purpose you bought them for,
*of “merchantable” quality (the item has to work),
*durable for a reasonable period of time, and
*“as described”.


These conditions are sometimes referred to as the “'''legal warranty'''“. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide.
===If something is faulty===
The law requires a baseline level of quality for the things you buy. When you buy something from a business, the product has to:
* be fit for the purpose you bought it for
* work and be undamaged
* be durable for a reasonable period of time
* match the advertised description


If any of these conditions are not met, you (as the buyer) can reject or return the goods and cancel the contract. You are entitled to get back the money you paid, plus payment for any extra expenses the defective goods caused.
These conditions are sometimes referred to as the '''legal warranty'''.


===The goods must be fit for your purpose for them===
If any of these conditions aren’t met, you’re entitled to cancel the contract. Act immediately if you want to do that. If you wait, it’s harder to prove the defect isn’t just normal wear and tear.
An item you buy must be “'''reasonably fit for the purpose'''” you bought it for. This means it must function the way it’s supposed to function. For example, a bicycle is “fit for the purpose” if it is functional as a bicycle and can be operated in safety.


There are two catches with this condition.
If the item was damaged by regular use, an accident or misuse, you likely won’t be covered. As well, the law likely won’t help if you examined the goods beforehand and ought to have spotted the problem.


First, this condition applies only if it’s the seller’s '''business to sell things''', and the goods are things they usually sell. So this condition doesn’t apply in a private sale between two people.
===If the seller misled you===
The seller can’t tell you something misleading or deceiving, or take advantage of you.


Second, this condition may only apply where you tell the seller '''how you plan to use the goods'''. For example, if you go to a hardware store and tell the salesperson you want a saw to cut metal pipes, and they sell you a saw that cuts only wood, the condition clearly applies. The saw isn’t reasonably fit for the purpose you bought it for, and you clearly explained that purpose to the salesperson. But if you just picked up the saw yourself, without any discussion with the salesperson, you would likely not be able to rely on this condition.
If the seller has lied about something essential (they said it’s four-wheel drive, but it isn’t) you may be entitled to a refund. If it’s non-essential (they said 24 kms per litre, but really it gets 18), you’re likely entitled to some compensation, but you can’t cancel the contract.


===The goods must be of merchantable quality===
We’ve got more information on what is misleading or acting unfairly. See our information on [https://dialalaw.peopleslawschool.ca/basics-of-making-a-purchase/ the basics of making a purchase].
An item you buy is of “'''merchantable quality'''” if it can be reasonably used and is not damaged or broken. In other words, it has to work. This is protection against a product that is substantially defective, or a "lemon".


This condition does not apply if you examined the goods before buying, at least for any defects your examination ought to have revealed.
===If a cooling-off period applies===
A '''cooling-off period''' means a stretch of time, after the purchase, when you can decide this product doesn’t spark joy after all, and return it. You can cancel the contract without penalty. ''You don’t need to give a reason''.


This condition does not apply in a private sale.
Not every purchase features a cooling-off period. It's available in some situations but not others. And the length of the cooling-off period varies depending on what you’re buying.


===The goods must be reasonably durable===
Cooling-off periods apply in these situations:
An item you buy must '''last a reasonable period of time'''. The length of time considered “reasonable” will vary depending on factors such as the type of product, the price paid, the use the product would normally be put to, and the circumstances of the sale.  
* When you buy something in person, but not at the business location (like a door-to-door sale), you have a cooling-off period of 10 days after you receive a copy of the contract.
* When you receive services on an ongoing basis (like a yoga or gym pass), you have a cooling-off period of 10 days after you receive a copy of the contract.
* When signing a cellphone contract, you have a cooling-off period of 15 days after your cellphone service begins.


This condition doesn’t apply if you use the item for a purpose it wasn’t made for. For example, if you use an ordinary vacuum cleaner to clean up heavy construction debris, and the vacuum breaks down, the condition of reasonable durability doesn’t apply.
Two more examples:
* When leasing a car, you have a one “clear” (full) day after you sign to reconsider.
* If you buy a newly built condo, you have a cooling-off period of seven days after you sign the contract or acknowledge seeing the developer’s disclosure statement, whichever comes last.


This condition applies whether you buy from a business or from a private seller.
For a product or service you buy online, you may or may not have a cooling-off period. It depends on the circumstances. We’ve got specific content on this if you’re interested. [https://dialalaw.peopleslawschool.ca/shopping-online/ See our information on online shopping].


===The goods must match the description or sample===
Otherwise, keep in mind that a store’s return policy may be able to help.
An item you buy must '''match any description''' or sample provided. The item must reflect: 
*the seller’s advertising
*a description of the item in a contract, catalogue or website
*any statements or representations made by the seller verbally or in writing at the time of the sale


For example, if the seller showed you a sample of some carpeting, the carpeting you get must match the sample. If the carpet delivered to you isn’t the same as the sample in the showroom, you don’t have to accept it.  
===If there is a return policy===
If you bought something from a retail store and have changed your mind, check the store’s policy on returns.


Catalogue sales are a good example of a sale by description. If you ordered something from a catalogue, you can send it back if it doesn’t meet the description.
It’s best to know this policy in advance, especially for a big purchase. Some larger items, or electronics, have a stricter return policy.


==Common questions==
First and always, keep your receipt! Often it has the return policy printed on it.


===What can I do if an item I bought is defective?===
Check the following:
Immediately return the defective item to the seller. Ask the seller to replace it. If a replacement isn’t available, ask for a refund. If the item isn’t suitable for its use, then ask for a refund. Don’t keep using the defective item. If you keep using it, you could (and probably will) lose the right to return it.
* How many days until the return period expires. If there’s no time limit, great!
* Whether you can have used the product before returning it.
* Whether there are any “restocking” or other charges.


===What if I can’t return the item?===
Some stores offer a satisfaction guarantee. This is a great thing for consumers! It gives you the legal right to return the product for a full refund, even if what you bought is perfectly alright.
Tell the seller in writing that you’re rejecting the defective item. Act fast. If the seller won’t give you a replacement or refund, leave the defective item with the seller, and get a dated receipt for them. Then make your complaint to the seller’s customer complaint department. If you still don’t get a solution, make a written complaint to a person in authority, such as a manager.


===When should I consider suing?===
Always remember, as a consumer, you have rights. (And a duty to keep businesses honest!) Let’s move on to how you can deal with these sorts of problems.
You can consider suing for defective goods if you can’t get a refund. If your claim is for $5,000 or less, you can go to the [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. If your claim is between $5,000 and $35,000, you can sue in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court]. See our information on suing in [[Suing Someone in Small Claims Court (No. 166)|Small Claims Court]] (no. [[Suing Someone in Small Claims Court (No. 166)|166]] to [[Going to Trial in Small Claims Court (No. 168)|168]]).


To sue for more than $35,000, you must go to [http://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court]. There are fast track options in BC Supreme Court: a summary trial or “fast track litigation”. It’s wise to get legal advice before suing in Supreme Court, as the rules are more complex and the process is more expensive.
==Take action==


===The house I bought is unlivable. Is there a legal remedy?===
===Step 1. Decide what outcome you’re seeking===
The law implies a warranty that a building bought to live in will be '''habitable'''. That means it will be free of “latent defects”, built in a good and workmanlike manner, built with suitable materials, and fit to live in. Examples of defects that would make a building hard to live in and breach the warranty include a plumbing problem that floods a house, or a roof that leaks and causes water damage.
Once you understand your legal rights and options, decide what outcome you’re after. Do you want to return the item and get your money back? Do you want to keep the item but get things put right?


This warranty applies only to buildings that were not complete when bought. It does not last indefinitely. Courts have suggested it will apply for at least a couple of years after the building is completed. The buyer and seller can contract out of this implied warranty, but they must be clear and specific to do that. A broad exclusion clause is not good enough.
===Step 2. Collect your information===
Collect copies of any documents, such as any contract, receipts, correspondence, advertising, or warranty. Prepare notes. Include:


If there’s a breach of this warranty, the buyer is entitled to get back any money they paid to repair defects and make the home habitable.
* details of the problem, including when you first noticed it
* anything the other party said that you relied on in making the purchase or contract
* what outcome you’re seeking


==Get help==
===Step 3. Contact the other party===


===Agencies that can help===
TIP
The '''Better Business Bureau''' assists people in finding businesses they can trust.
Start by finding the right person to talk to about the problem. If there’s a complaints department, use it. If there isn't, talk to someone in authority, such as a manager or owner.
:Web: [http://www.bbb.org/ca/bc bbb.org/ca/bc]


'''Consumer Protection BC''' provides assistance relating to certain types of consumer problems and contracts in BC.
They may say you have to make your complaint in writing. If they do, get a name and address of the person to contact.
:Toll-free: 1-888-564-9963
 
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]
Be firm and businesslike, but polite. Let them know you understand what you’re entitled to. Tell them what you want them to do to resolve the problem.
 
Promises are one thing, but followup is key. The person may agree to do what you suggest, but confirm when they will do this. Ask them for their name so you can refer to the conversation later. Follow up with a written note confirming what was agreed to.
 
If the person doesn’t agree to do what you suggest, ask who you can contact with a formal complaint. Get the address of that person.
 
Make notes of your conversation. Date your notes.
 
===Step 4. Send a complaint letter===
If discussing the situation with the other party doesn’t resolve the problem, the next step is to send a complaint letter to them. We’ve got a template for you ready to go. [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/template-letters-agreements/letter-complain-about-faulty-or-damaged Here's our complaint template].
 
===Step 5. Take to social media===
You can also take to social media to voice your concerns. Be accurate. Be truthful. You may end up getting what you want. Companies are eager to protect their reputations. If none of this works, there are agencies that can help.
 
==Who can help==
 
===Helpful agencies===
Shoddy goods? Seller refusing to give you a refund? If you need help with that or other consumer-related issues, there are agencies that can help.
 
:'''Consumer Protection BC'''
:Assistance relating to certain types of consumer problems and contracts in BC.
:Call 1-888-564-9963
:[[info@consumerprotectionbc.ca|Send email]]
:[https://www.consumerprotectionbc.ca/ Visit website]
 
:'''Better Business Bureau'''
:Might not solve problems, but helps people find businesses they can trust.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]
 
:'''Competition Bureau'''
:Deals with complaints about false or misleading advertising.
:Call 1-800-348-5358
:[https://www.competitionbureau.gc.ca/ Visit website]
 
===Legal advice===
Affordable legal help '''does''' exist. (To be fair, two of these are options for help, and the third — the online tribunal — is a cheap and fast option to resolve a dispute yourself.)


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