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  #491  
Old 2022-06-08, 09:20 PM
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pabloottawa pabloottawa is offline
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Quote:
Originally Posted by epcjay View Post
This past Friday. The builders lawyer sent my laywer a letter to say I'm in default of the APS if I don't sign it.

I told them to go pound sand. It's not my problem at this point after closing that the builder switched vendor and didn't bring me any amendments to sign prior. I offered to drop off the equipment as soon as I found out that they changed vendors.

My laywer expects me to sign it. I also told them no, and that I expect them to defend me.
Your lawyer should be representing YOU. What's the point of a real estate lawyer if they just want to do the transaction and take your money?

So here is the bottom line:

No names in the rental sales clause
No terms and conditions in the rental sales clause
No prices, or fees mentioned in the rental sales clause


ALL OF THESE CONDITIONS MUST BE MET FOR THERE TO EXIST A LEGALLY BINDING CONTRACT IN ONTARIO.

Without this info, no person can be expected to freely or willingly enter into any type of contract...... And why would you? You have no clue what they're gonna charge you or how they will treat you, or even if they'll change the price later..... - NO WAIT, YOU DO know how they will treat you.... Because many here have already attested to how Enercare has sent them letters advising of a "Clerical error" in their pricing hence forth the monthly fee has increased by as much as 15 to TWENTY dollars IN ADDITION TO the initial OFFERED price of 35 per month.

THAT'S BAIT AND SWITCH. Illegal and fraudulent.

Furthermore, because these scams are so poorly and vaguely worded in the builder's sales agreement, AT BEST you are being presented with an offer and can therefore decline that offer upon closing. The builders know it's a scam, Enercare knows it's a scam; and thanks to the members who have come forward and spoken out against this predatory and fraudulent practice, more and more people know it's a scam.

YOU HAVE RIGHTS!!!!!

Edit: It's not just BAIT AND SWITCH, it's also a revocation of the previous offer and a counter offer to charge you MORE????? HOW F###ED up is that?

If I sell you a car and you pay me and you drive it away and then I chase you down the road yelling - "No wait!!!! I made a mistake!!!! The price is actually much higher; PAY UP!"

Would you keep driving or pull over and "pay up"? you see how messed up this is? And they think it's totally fine to run this scam just because they have been doing it for decades now.

And this ONLY happens in Ontario. The other provinces don't allow this BS. Why is that?

Last edited by pabloottawa; 2022-06-08 at 09:30 PM.
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  #492  
Old 2022-07-27, 01:09 AM
nex nex is offline
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Join Date: Oct 2021
Location: Ottawa, ON
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I've been keeping an eye on this thread every now and then since Q1 2021 and have read a lot of very useful information when the post was originally made. I'm currently in discussion with a Manager from Enercare via email prior to taking possession of our new build next month. I wanted to see what you all thought of the situation and if a way out of this unholy nightmare was possible.

Here is the water heater clause in my P&S agreement:

https://imgur.com/a/DPsjY6s

The rental fee I was quoted through email was $43.99 (+HST?) and this the latest buyout pricing:
https://www.enercare.ca/wp-content/u...ne-30-2022.pdf

The options on the table seem to be:
1. Day after closing, renege on the clause, have their water heater removed, and purchase/install your own water heater. Assuming the same model, purchase would be $2800-$3000 with tax. I'm not sure what the installation fee would be.

2. Buy out water heater for approx. $4200 with tax. Hope nothing breaks in the first 5 years.

3. If we decide we don't plan on living in the new build for more than 5 years, it might make sense to just rent it at $50/M = $600/YR = $3000/5YR. This doesn't take into account rising rental rates and the root problem, which would just be transferred to the new owner.

I would be very interested to hear some feedback based on my clause in the P&S. Is it actually legally possible to go with option 1?
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  #493  
Old 2022-08-25, 02:25 PM
alsh alsh is offline
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Location: Ottawa
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Hello,

Does anyone have Relince email address?
A friend of mien is looking to start the discussion with them to remove his tankless from his property.

Or, he should call the 1800 and talk to them, your advise is greatly appreciated
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  #494  
Old 2022-10-15, 07:08 PM
ArthurL ArthurL is offline
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Join Date: Jul 2022
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Quote:
Originally Posted by epcjay View Post
Update...for anyone still reading.

The builder is now coming after me...a year after closing...to sign off on an amendment for the water heater.
Curious what has happened since?
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