P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 69.5.1 Disposition versions

2019-08-01

69.5.1. Where the merchant must offer the goods to the consumer under section 150.30 of the Act, the notice to the consumer must comply with the following standard notice:

(CONSUMER PROTECTION ACT, ART. 150.30)

NOTICE OF RIGHT OF PREEMPTION

Date: .............. (date on which notice is sent or given)
.............. (name of merchant)
.............. .............. (telephone number of merchant)
.............. (address of merchant) hereinafter called the merchant, gives notice to
.............. (name of consumer)
..............
.............. (address of consumer) hereinafter called the consumer,
1 - that the merchant has received from ..............
	(name and address)
(hereinafter called the prospective acquirer) an offer to purchase the goods which are the object of the contract of lease with guaranteed residual value
(No. ..............) (contract number, if any) entered into by the merchant and the consumer at .............. (place where contract was entered into) on .............. (date on which contract was entered into) and that this offer to acquire is in the amount of $.............. (amount), and that this amount is less than the residual value indicated in the contract, namely $..............; (amount)
2 - that the consumer may, within 5 days after receipt of this notice,
(a) acquire the goods by paying in cash a price equal to that offered by the prospective acquirer;
(b) present a third person who agrees to pay in cash for the goods a price equal to or greater than that offered by the prospective acquirer.
In the latter case, if the merchant does not agree to sell the goods to the third person presented by the consumer, the consumer is released from his obligation to guarantee the residual value.
If the consumer fails to acquire the goods or to present a third person within 5 days after receipt of this notice, the merchant will sell the goods to the prospective acquirer at the price offered by the acquirer and indicated in paragraph 1.
It is in the consumer’s interest to examine the contract and, if further information is necessary, to contact the Office de la protection du consommateur.

O.C. 994-2018, s. 43.