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Signed a drywall deal at home in Nepean, how long to back out?

Question

Signed a drywall deal at home in Nepean, how long to back out?

Answer from Drywall Pro IQ

Under Ontario's Consumer Protection Act, 2002, you have 10 days to cancel a direct agreement, which is what a contract signed at your home is called, without giving any reason. The 10 days run from the day you receive your written copy of the agreement.

A few things the Act requires of that agreement:

  • It must be in writing and delivered to you.
  • If it includes an estimate, the contractor may not charge more than 10 per cent above that estimate.
  • Services are deemed to be of a reasonably acceptable quality.
To cancel, you do not need to explain yourself. The right exists simply because the agreement was signed somewhere other than the contractor's place of business, and the value is over $50.

On payment, the Construction Act requires that a payer retain a holdback equal to 10 per cent of the price of the services or materials as they are actually supplied. We found no small-job or homeowner exemption in the text; ask a lawyer about how that applies to your contract and when the holdback can be released.

One thing worth checking before the 10 days run out: get the warranty terms in writing, meaning what is covered, for how long, and whether the warranty transfers to a buyer if you sell the house.

The single most useful question to put to the contractor before that 10-day window closes is what happens, in writing, if the finished work does not match the scope described in the agreement.

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Drywall Pro IQ -- Built from the Ontario Building Code, Ontario regulations and City of Ottawa sources and real construction experience. Answers are for informational purposes only and are not a professional assessment.

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