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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43739
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I had a sales rep come in and sell us solar panels business.

Customer Question

I had a sales rep come in and sell us solar panels for our business. He was quite a strong sales rep and I unfortunately signed up. On further inspection it would appear that what he signed me up for for more than double the going rate for the system and in interest rate on the finance which wasn't discuss is more than 25%.
Do I have a cooling off period?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Did he talk about a cooling off period?

Did you invite him to come talk to you?

Customer: replied 1 year ago.
I did ask him and he said 14 days but I'm checking legally. He came via a marketing call
Expert:  Leon replied 1 year ago.

Good Evening

When did you sign?

What state in Australia are you in?

Do you have the contract there and does it show 14 day cooling off?

Customer: replied 1 year ago.
I'm in victoria and I signed on Friday and no I haven't got the contract on me
Expert:  Leon replied 1 year ago.

Good Evening

It is 10 business days in Victoria

Here is the link from Consumer affairs.

https://www.consumer.vic.gov.au/shopping/contracts-and-sales-calls/door-to-door-sales#cooling-off-or-termination

Terminate in writing and keep a copy.
Chase them up when you fax or email and confirm they received it and also take down who you spoke to and time and date.

All the best.

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Hi LeonBecause the company called us and asked to send a rep is this still classed as unsolicited because we didn't call them. When I asked about the cooling off period he said 14 days but then added "is there something we should be talking about" he also took a $500 deposit but I notice on your link that they're not supposed to take money
Expert:  Leon replied 1 year ago.

Good Evening

It is an unsolicited sale.

Also if they have advised you about a cooling off then it applies.

The contact you signed should have shown the cooling off.

Customer: replied 1 year ago.
He also didn't explain the finance with the interest etc. I'm quite embarrassed as I don't normally do this type of thing
Expert:  Leon replied 1 year ago.

Good Evening

You terminate under the cooling off. It should end everything.

Do this first thing monday morning.

Customer: replied 1 year ago.
Will do. Thanks do much Leon
Expert:  Leon replied 1 year ago.

Good Evening

All the best

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon