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-   -   Water Heater and Furnace Rental Class Action (http://www.buildinghomes.ca/community/forums/showthread.php?t=23798)

JoeyJoeJoe 2017-03-30 07:29 AM

Water Heater and Furnace Rental Class Action
 
So interesting read in CBC this morning:

http://www.cbc.ca/news/canada/ottawa...erge-1.4042330

If you have not signed a contract for the water heater (or furnace) just have your own installed and let the rental company know you will not be needing the item. If you are concerned about anything you've signed with the builder, this is not a contract and therefore does not tie you legally to any other contract or company.

Here is the Consumer Protection Act in Ontario:

https://www.ontario.ca/page/your-rig...lling-contract

"All terms of the agreement

A contract must clearly show the terms of your agreement with the business."

Sched Z (or what ever your builder calls it) does not have ANY terms or conditions on it. This form clears the builder from the cost of the tank and it meant to convince you to sign with the rental company.

One last note, sign NOTHING with the rental company. Even if they agree to pick up the tank do not sign any forms.


If this helps at least one person out I am happy.

(This post was not meant to spark the "rent vs own" debate. If you are happy renting I respect that. If you are confused about why homes in Ontario have various rented appliances within and don't feel like renting is your thing feel free to PM me and I can give you more details.):)

OttawaG 2017-03-30 10:43 AM

Quote:

Originally Posted by JoeyJoeJoe (Post 323221)
So interesting read in CBC this morning:

http://www.cbc.ca/news/canada/ottawa...erge-1.4042330

If you have not signed a contract for the water heater (or furnace) just have your own installed and let the rental company know you will not be needing the item. If you are concerned about anything you've signed with the builder, this is not a contract and therefore does not tie you legally to any other contract or company.

Here is the Consumer Protection Act in Ontario:

https://www.ontario.ca/page/your-rig...lling-contract

"All terms of the agreement

A contract must clearly show the terms of your agreement with the business."

Sched Z (or what ever your builder calls it) does not have ANY terms or conditions on it. This form clears the builder from the cost of the tank and it meant to convince you to sign with the rental company.

One last note, sign NOTHING with the rental company. Even if they agree to pick up the tank do not sign any forms.


If this helps at least one person out I am happy.

(This post was not meant to spark the "rent vs own" debate. If you are happy renting I respect that. If you are confused about why homes in Ontario have various rented appliances within and don't feel like renting is your thing feel free to PM me and I can give you more details.):)


Thank you for posting it. I have been looking around for information & have been following the other post of rental/own water heater. I might PM you if I have any details. Thanks again & have a nice day :)

HMBTUX 2017-04-02 09:41 AM

Good stuff! Great to see people are finally coming to their senses and pushing back on this. Shame on the rental companies - and more so, shame on the shady builders for leading people to believe they are stuck with something that they are not.

immysiddy 2017-04-03 11:19 PM

This is just the info I was looking for. I had an argument with the salesperson recently when signing for our new home because I didn't want to get stuck with a rental water heater contract. They said the APS wasn't complete unless I signed the schedule, so I did.

How would one prevent them from installing the tank before getting possession of the house?

JoeyJoeJoe 2017-04-04 10:56 AM

Quote:

Originally Posted by immysiddy (Post 323423)
This is just the info I was looking for. I had an argument with the salesperson recently when signing for our new home because I didn't want to get stuck with a rental water heater contract. They said the APS wasn't complete unless I signed the schedule, so I did.

How would one prevent them from installing the tank before getting possession of the house?

The tank will be installed because it's part of building code or occupancy permit. Builders typically do not allow outside contractors to work on the house. Sign nothing with rental company and once you move in start making calls.

immysiddy 2017-04-04 04:50 PM

1 Attachment(s)
Have a look at Mattamy's latest Schedule 'Z'. Do you think they've worded it such that a new home buyer could follow OP's advice to not be bound by a legal contract with the 3rd party company?

GregS 2017-04-04 07:47 PM

Quote:

Originally Posted by immysiddy (Post 323466)
Have a look at Mattamy's latest Schedule 'Z'. Do you think they've worded it such that a new home buyer could follow OP's advice to not be bound by a legal contract with the 3rd party company?

That's a legal question for a lawyer to discuss with you in your particular situation. No one here would be able to provide any sort of definitive answer on such a legal matter.

alsh 2017-04-07 04:05 PM

great information, thanks for sharing. Will try not to sign and see how it goes.

immysiddy 2017-04-07 04:27 PM

Quote:

Originally Posted by GregS (Post 323473)
That's a legal question for a lawyer to discuss with you in your particular situation. No one here would be able to provide any sort of definitive answer on such a legal matter.

I'm not looking for legal advice. I was hoping to get other members' thoughts on the wording of the Schedule (isn't discussion the point of this forum?). The form is not particular to my situation as pretty much all builders require the signing of a similar form.

And btw, I asked two real estate lawyers about it and they both referred me back to the builder.

good2know 2017-04-07 08:05 PM

I can share my thought - if I'd signed something like this I would feel that I'd agreed to it. 'The purchaser agrees to sign a Service Agreement when requested.....'


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