Part 3 — Cancellation of Direct Sales Contracts and Time Share Contracts
33 Recovery of refund and trade-in allowance
under the direct sales contract, any related sale and any pre-existing
contract under section 31, the consumer may recover that money
from the supplier.
(2) In the case of a trade-in arrangement, unless
(a) the supplier returns the consumer's goods to the consumer
in accordance with section 31(1), and
(b) the goods are then in a condition substantially the same a s
when they were delivered by the consumer,
the consumer may recover from the supplier an amount equal to the
trade-in allowance for the goods.
(3) An amount recoverable under subsection (1) or (2) may be
recovered as a simple contract debt.
(4) When the consumer recovers an amount equal to the trade-in
allowance, then, if the title of the consumer to goods delivered by
the consumer under the trade-in arrangement did not pass from the
consumer, the title vests in the person entitled to the title under the
trade-in arrangement.
1998 cF-1.05 s33