Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

What you should do if you sign up at a seminar then change your mind

Collapse
This is a sticky topic.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • What you should do if you sign up at a seminar then change your mind

    Every so often there are threads started by people who have been to some investment property seminar or the other, signed up for something and then wanted to reconsider.

    If you go to a seminar, purchase something and then change your mind, then (depending on the circumstances):

    1. Any agreement you entered into may be unenforceable by the other party (meaning you won't have to continue to pay any ongoing fees); OR

    2. You may have a right to cancel any agreement you entered into (meaning you get back any money you have paid); OR

    3. Both.

    This is under the Door to Door Sales Act 1967. There are two requirements that must be fulfilled:

    1. The seminar must NOT have been held at the place the other party usually carries on their business and also not at any bank, solicitor's office or chartered accountant's office.

    2. The first inquiry specifically relating to whatever you purchased must have been made by the other party not you (and advertising does not count as an inquiry). For example, say someone advertises a seminar in which you will be taught various techniques (for a fee) and you choose to attend that seminar. If you are unhappy with what was taught, the Door to Door Sales Act does not help you because you made the first inquiry in relation to those services. However, if while you are at the seminar the other party successfully gets you to purchase some additional services not referred to in the advertising (ie. an "upsell"), then the Door to Door Sales Act may help you if the other party made the first inquiry specifically relating to those services, not you.

    If those requirements are fulfilled, then your rights are as follows:

    1. You have a right to cancel the agreement within 7 days. If you do so you get any money you have already paid back. It is easy to give that notice because the other party has to give you a form to send back to do so (if they don't, see below).

    2. If the other party has NOT have complied with section 6 of the Door to Door Sales Act (including giving you the cancellation form), the agreement is unenforceable (so you don't have to make any ongoing payments). I have put the link there, but the main requirement is that the following statement be included on the same page as you sign the agreement:
    Originally posted by Door to Door Sales Act 1967, Schedule 1
    You have for a short time a legal right to cancel this Agreement.

    You can do this by completing and giving to [name and adress of other party], before the end of the period of 7 days beginning with the day after the day on which you signed the agreement, the notice of cancellation handed to you on that day. You can give the notice by posting it in a prepaid letter, or by delivering it, to the above-named vendor at the address shown in this statement.

    If you cancel this agreement any money you have already paid must be refunded to you. If you have given any goods in part exchange (trade-in) these goods, or their value, must also be returned to you. If you have received the goods purchased by you, you need take no action to return them but can wait for them to be collected. You need not hand them over unless you have received a request to do so and have had your money and goods (trade-in) returned to you.
    3. If the other party has NOT complied with section 6 as described above, then your right of cancellation runs for 1 month rather than 7 days.

    Hopefully this is helpful for someone out there. If you are in this situation then you should definitely take legal advice including whether you are covered by the Door to Door Sales Act or not. If you want some free advice initially you could try your local Community Law centre.

  • #2
    Nice post Xav.

    I am sure this will help many people along the way somewhere. Everyone these days are upselling and at times people commit to services and products and regret it the next day.

    Great post again.

    Cheers
    Aaron

    Comment


    • #3
      A wee gem which has been copied and pasted to my file for "advice". Thanks Xav.
      www.3888444.co.nz
      Facebook Page

      Comment


      • #4
        yes, thanks for sharing Xav
        have you defeated them?
        your demons

        Comment


        • #5
          The best thread I have read in ages. Should be made Sticky and highlighted with gold dust.

          Comment


          • #6
            sound advice Xav.

            Comment


            • #7
              Curious why it matters if it is held at bank, lawyers office or chartered accountants office!

              Sometimes we let other business's run seminars from our office (we have small seminar room). So if someone gets pushed into buying, are they not covered by the Door to Door Sales Act 1967 because it is at our office? If so I'll have to think about whether we let anyone use it in the future.

              Generally I hate seminars with a sales focus at the end. But on the other hand, it is good to invite clients to a variety of speakers and seminars, and then let them choose what they like.

              Ross
              Book a free chat here
              Ross Barnett - Property Accountant

              Comment


              • #8
                The purpose of the Act is to give people an out if they are unexpectedly pressured into buying something. Historically this traditionally occured with door to door salespeople, hence the name of the Act.

                The place of business of the entity doing the selling is excluded because that entity trying to sell you something in their own offices should not be unexpected.

                Certainly seminars held at your offices (even by third parties) will not be covered Rosco. The reason for that exception is more difficult to fathom. It may be that there is an expectation that those types of businesses vet any seminars held on their premises but to be honest I don't know.

                Comment


                • #9
                  Good Lawyer

                  Hi,

                  Can anyone recommend a good lawyer in Auckland in this regard? It's rather urgent.

                  Thanking you in advance.

                  Comment


                  • #10
                    presumably call our new lawyer friend

                    Ivan McIntosh

                    his phone and email address in this thread

                    http://www.propertytalk.com/forum/sh...657#post236657
                    Last edited by eri; 11-12-2010, 10:20 PM.
                    have you defeated them?
                    your demons

                    Comment


                    • #11
                      Oh darn. What course was this?

                      Comment


                      • #12
                        Oh a litigation lawyer was required and now found one.

                        Comment


                        • #13
                          Originally posted by AMR View Post
                          Oh darn. What course was this?
                          Can't say at this stage sorry ...

                          Comment


                          • #14
                            Ooops...I went and emailed be1 before reading to the end of the thread....that will teach me.

                            Glad to see you got yourself sorted
                            Last edited by Ivan McIntosh; 21-12-2010, 12:42 PM.
                            Consultant, Vosper Law
                            07 827 6140 / 021 499 646 [email protected]
                            The Alpha Street Lawyer
                            | The NZ Property Lawyer

                            Comment


                            • #15
                              No harm done Ivan. Thanks for the kind offer anyway.

                              be1

                              Comment

                              Working...
                              X