Singapore legislation
Regulation 5
of Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations 2009
Regulation 5
Effect of cancellation of contract
Subregulation 1
Where a contract is cancelled under regulation 4 or section 9(12) of the Act —
the contract ceases to be enforceable;
any sum which the consumer has paid under or in contemplation of the contract to the supplier, or to any person who is the agent of the supplier for the purpose of receiving that sum, must be repaid to the consumer by the supplier within 60 days after the consumer has given notice of cancellation of the contract to the supplier;
the consumer or any person on his or her behalf has a lien on any goods in the possession of the consumer or any person on his or her behalf for any sum payable to the consumer under sub‑paragraph (b) or paragraph (2)(b);
any security which the consumer has provided in relation to the contract is to be treated as not having had effect and any property lodged with the supplier solely for the purposes of the security must be returned by the supplier within 60 days after the consumer has given notice of cancellation of the contract to the supplier;
subject to regulations 6 and 7, no sum or other consideration may be recovered by or on behalf of the supplier from the consumer in respect of the contract; and
any other contract arranged by the supplier and entered into by the consumer for the purposes of the contract prior to the cancellation is not enforceable against the consumer.
Subregulation 2
In the case of a trade-in arrangement, if the contract is cancelled under regulation 4 or section 9(12) of the Act, the supplier must either —
return the goods delivered by the consumer under the trade‑in arrangement to the consumer in a condition substantially the same as when they were delivered by the consumer; or
pay to the consumer a sum equal to the trade‑in allowance.
Subregulation 3
When a 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.
Subregulation 4
Subject to paragraph (5), the breach of any duty imposed by these Regulations on a supplier or consumer is actionable as a breach of statutory duty in a court.
Subregulation 5
In the case of an action for a breach of duty under paragraph (1)(b), the value of the claim must not exceed $30,000.
Subregulation 6
If, apart from these Regulations or section 9(12) of the Act, a consumer could have cancelled the contract under any rule of law or any contractual right or other arrangement with the supplier, the fact that the consumer has cancelled the contract pursuant to these Regulations or section 9(12) of the Act does not prejudice the consumer’s right to any compensation that he or she would have if he or she had cancelled the contract under that rule of law, contractual right or arrangement.
Subregulation 7
In determining the amount recoverable in a claim for compensation under a right mentioned in paragraph (6), the court is to take account of any compensation which has been given to the consumer in satisfaction of any claim for a breach of duty under these Regulations relating to the cancellation of the same contract.
Subregulation 8
In determining the amount recoverable in a claim by a consumer for a breach of duty under these Regulations, the court is to take account of any compensation which has been given to the consumer in satisfaction of any claim for compensation mentioned in paragraph (6) relating to the cancellation of the same contract.