Go Back   BuildingHomes.ca - Building your community! > Ontario > Ottawa

Ottawa For those in Ottawa, Kanata, Stittsville, Orleans, Nepean. Mattamy, Minto, Bridlewood, Cardel, Claridge, Braebury, Monarch, Barrhaven, Half Moon Bay, Fairwinds, Findlay Creek, Notting Hill, West Pointe, Stonebridge, Edinburgh Common, Uniform at Orchard-Stonebridge-Barrhaven and more!


Reply
 
Thread Tools Display Modes
  #381  
Old 2019-05-16, 08:54 AM
pabloottawa's Avatar
pabloottawa pabloottawa is offline
Senior Member
Regular User
 
Join Date: Feb 2016
Location: Ottawa Ontario
Posts: 199
Default

"Keep in mind that buyout is the complete installation. Not just the price of the tank.."

- Says who?

Oh and it doesn't matter what the buyout price is. If you have no contract with them, you have NO contract. You are not required to pay a single cent nor are they entitled to any money from you.
Reply With Quote
  #382  
Old 2019-05-16, 11:17 AM
jemy1415 jemy1415 is offline
Member
Regular User
 
Join Date: May 2017
Location: Ottawa
Posts: 95
Default

Quick update on our "battle" with Enercare.

They are basically not budging and insist that we have a contract with them. Basically blame the builder for not passing on additional information properly but they "cannot comment" on their actions. For them, the lose wording in our purchase of sale agreement is a binding and enforceable legal contract between us and Enercare.

At this point, we would be fine buying out the unit at a reasonable cost but they want 4K for a unit that is worth 1600$ from the company's website. As a gesture of good will, they would take off 390$ of their price, which is still ridiculous. We've asked what their price entail and they stated that "among other things, the unpaid cost of the equipment and related installation, finance and servicing costs"

We will offer them 2K for it, especially since they cannot confirm what the "other things" are.
Reply With Quote
  #383  
Old 2019-05-17, 07:47 AM
jeeva86 jeeva86 is offline
Senior Member
Regular User
 
Join Date: Dec 2016
Location: Ottawa
Posts: 204
Default

Quote:
Originally Posted by jemy1415 View Post
Quick update on our "battle" with Enercare.

They are basically not budging and insist that we have a contract with them. Basically blame the builder for not passing on additional information properly but they "cannot comment" on their actions. For them, the lose wording in our purchase of sale agreement is a binding and enforceable legal contract between us and Enercare.

At this point, we would be fine buying out the unit at a reasonable cost but they want 4K for a unit that is worth 1600$ from the company's website. As a gesture of good will, they would take off 390$ of their price, which is still ridiculous. We've asked what their price entail and they stated that "among other things, the unpaid cost of the equipment and related installation, finance and servicing costs"

We will offer them 2K for it, especially since they cannot confirm what the "other things" are.
Keep us posted
Reply With Quote
  #384  
Old 2019-05-17, 08:23 AM
alsh alsh is offline
Senior Member
Regular User
 
Join Date: Feb 2017
Location: Ottawa
Posts: 182
Default

Quote:
Originally Posted by jemy1415 View Post
Quick update on our "battle" with Enercare.

They are basically not budging and insist that we have a contract with them. Basically blame the builder for not passing on additional information properly but they "cannot comment" on their actions. For them, the lose wording in our purchase of sale agreement is a binding and enforceable legal contract between us and Enercare.

At this point, we would be fine buying out the unit at a reasonable cost but they want 4K for a unit that is worth 1600$ from the company's website. As a gesture of good will, they would take off 390$ of their price, which is still ridiculous. We've asked what their price entail and they stated that "among other things, the unpaid cost of the equipment and related installation, finance and servicing costs"

We will offer them 2K for it, especially since they cannot confirm what the "other things" are.
I would start with $1600, because they will definitely counteroffer you and then you can go up to 2K or 2500. I did the same with Cricket.

Good luck
Reply With Quote
  #385  
Old 2019-05-17, 04:21 PM
TheFavouredOne TheFavouredOne is offline
Junior Member
 
Join Date: Apr 2019
Posts: 2
Default

Hi Guys,

First time home buyer and my first post here.

Being a newbie, I must admit that I stumbled on this thread after signing my purchase agreement; I rushed to review the wordings of my purchase agreement in respect to the water heater after reading all the pages of this thread.

'The Purchaser acknowledges that the water heater installed in the Dwelling shall be a rental unit and hereby appoints the Vendor as his/her agent for the purpose of entering the supplier's standard water heater rental agreement, if required. the rental agreement will take effect between the Purchaser and the supplier on the Closing Date. The Purchaser shall indemnify and save harmless the Vendor from all expenses, claims or damages related to the aforementioned water heater rental agreement. The Purchaser understands that rental information, including the supplier's standard rental terms and conditions and the current monthly rental rates (which may change from time to time), will be provided either at or prior to the time of closing or with the first rental bill'.

Please advise...I hope I can wriggle my way out of this, by opting to purchase the water heater without being charged an enormous amount.

My closing date is still 12months away.

Thank you for the wealth of information shared on this forum
Reply With Quote
  #386  
Old 2019-05-17, 11:52 PM
pabloottawa's Avatar
pabloottawa pabloottawa is offline
Senior Member
Regular User
 
Join Date: Feb 2016
Location: Ottawa Ontario
Posts: 199
Default

Quote:
Originally Posted by TheFavouredOne View Post
Hi Guys,

First time home buyer and my first post here.

Being a newbie, I must admit that I stumbled on this thread after signing my purchase agreement; I rushed to review the wordings of my purchase agreement in respect to the water heater after reading all the pages of this thread.

'The Purchaser acknowledges that the water heater installed in the Dwelling shall be a rental unit and hereby appoints the Vendor as his/her agent for the purpose of entering the supplier's standard water heater rental agreement, if required. the rental agreement will take effect between the Purchaser and the supplier on the Closing Date. The Purchaser shall indemnify and save harmless the Vendor from all expenses, claims or damages related to the aforementioned water heater rental agreement. The Purchaser understands that rental information, including the supplier's standard rental terms and conditions and the current monthly rental rates (which may change from time to time), will be provided either at or prior to the time of closing or with the first rental bill'.

Please advise...I hope I can wriggle my way out of this, by opting to purchase the water heater without being charged an enormous amount.

My closing date is still 12months away.

Thank you for the wealth of information shared on this forum

'The Purchaser acknowledges that the water heater installed in the Dwelling shall be a rental unit and hereby appoints the Vendor (BUILDER) as his/her agent for the purpose of entering the supplier's standard water heater rental agreement, if required. the rental agreement will take effect between the Purchaser and the supplier on the Closing Date. The Purchaser shall indemnify and save harmless the Vendor from all expenses, claims or damages related to the aforementioned water heater rental agreement. The Purchaser understands that rental information, including the supplier's standard rental terms and conditions and the current monthly rental rates (which may change from time to time), will be provided either at or prior to the time of closing or with the first rental bill'.




OK, so in this case I would recommend you SAY NOTHING and call a local water heater or HVAC company that is NOT Reliance, Cricket or Enercare, and make arrangements to have the water heater removed on the day after closing. Don't say anything to the builder or they may tell the rental company and then next thing you know, you'll received the terms and conditions, fees and the forms to fill out which at this time is still, technically, an offer.
The paragraph I read is simply the builder making it clear to the purchaser that they know the water heater belongs to the rental company, they know they have to pay a rental fee to use it and that they know they will be entering some sort of agreement with the rental company prior to, on the day of closing or shortly thereafter.

LET ME BE 100% CLEAR HERE. At this time, yes, even thought you have signed a sales agreement with the builder, you do NOT have any type of agreement or contract with the rental company. What you have is a notice of impending offer ***which*** you can decline and I highly recommend you do IF you want to get out of this predicament. The rental company won't take no for an answer and will tell you that you signed a contract. This is where you ask them to provide you with some sort of document that has their name, your name, the monthy fee(s), the terms and conditions and your signature agreeing to all this. They will say it's in the sales agreement for the house and clearly it is NOT.

Things to remember when on the phone with them.

- RECORD THE CONVERSATION
- DON'T SAY ANYTHING THAT IMPLIES YOU HAVE ANY TYPE OF AGREEMENT - WITH THEM. Even the slightest word may bind you to an agreement.
- TELL THEM THAT YOU ARE RECORDING THE CONVERSATION.

Send any and all letters to the rental company via registered mail that REQUIRES a signature.

PM me if you want to discuss this further. This is the exact situation we were in 2 years ago and Enercare has pretty much given up. They are complete and total frauds and they know it, otherwise we'd already be fighting this out in court.

P. S. If you really want to get out of this with less hassle, don't call the rental company.... Have the unit removed, install whatever you want and then call them to say you've removed their unit and you do not wish to enter into any type of agreement with them. Stick to your guns and don't let them bully you. They have no legal contract with you and you have no legal obligation towards them whatsoever except to advise them that their property is waiting for them to pick up.

Last edited by pabloottawa; 2019-05-17 at 11:56 PM.
Reply With Quote
  #387  
Old 2019-05-18, 08:54 PM
TheFavouredOne TheFavouredOne is offline
Junior Member
 
Join Date: Apr 2019
Posts: 2
Thumbs up

Quote:
Originally Posted by pabloottawa View Post

- RECORD THE CONVERSATION
- DON'T SAY ANYTHING THAT IMPLIES YOU HAVE ANY TYPE OF AGREEMENT - WITH THEM. Even the slightest word may bind you to an agreement.
- TELL THEM THAT YOU ARE RECORDING THE CONVERSATION.

Send any and all letters to the rental company via registered mail that REQUIRES a signature.

Stick to your guns and don't let them bully you. They have no legal contract with you and you have no legal obligation towards them whatsoever except to advise them that their property is waiting for them to pick up.
Thank you so much Pablo for the tips, I feel so relieved...fingers crossed that things work out well.

Wishing you all the best and a quick resolution of the issue with Enercare!!!

Enjoy your long weekend
Reply With Quote
  #388  
Old 2019-05-18, 09:13 PM
pabloottawa's Avatar
pabloottawa pabloottawa is offline
Senior Member
Regular User
 
Join Date: Feb 2016
Location: Ottawa Ontario
Posts: 199
Default

Quote:
Originally Posted by TheFavouredOne View Post
Thank you so much Pablo for the tips, I feel so relieved...fingers crossed that things work out well.

Wishing you all the best and a quick resolution of the issue with Enercare!!!

Enjoy your long weekend
You're welcome. Just remember to let them know they're being recorded, they have no contract or agreement with you and that you are documenting everything. When they see that you have your $h!T together and you're prepared, they will rethink their options. They bank on the fact that most people will just settle and opt to buy out at their inflated costs. That's how they win and they've been doing it for years.

I'll never understand why large corporations have no issues raping their customers but cry in surprise when people stand up for themselves. PATHETIC!!!!!
Reply With Quote
  #389  
Old 2019-05-18, 11:43 PM
jeeva86 jeeva86 is offline
Senior Member
Regular User
 
Join Date: Dec 2016
Location: Ottawa
Posts: 204
Default

Quote:
Originally Posted by alsh View Post
I would start with $1600, because they will definitely counteroffer you and then you can go up to 2K or 2500. I did the same with Cricket.

Good luck
Can you elaborate on your pricing? How long were you into the contract etc.?
Reply With Quote
  #390  
Old 2019-05-18, 11:51 PM
pabloottawa's Avatar
pabloottawa pabloottawa is offline
Senior Member
Regular User
 
Join Date: Feb 2016
Location: Ottawa Ontario
Posts: 199
Default

Quote:
Originally Posted by jeeva86 View Post
Can you elaborate on your pricing? How long were you into the contract etc.?
Something to note here. Usually the stuff they put in is garbage compared to what you can buy privately for the same price. Also, while negotiating with them, you may accidentally say something that they will hold you to as acknowledgement that you entered some sort of agreement with them.

My advice:.... Don't even put yourself in this situation.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Letter fromCricket Home Comfort litigation counsel sign water heater rental agreement Canin Ottawa 37 2018-03-04 07:55 PM
Builder did not ask me to sign water heater rental. Can I ditch it and buy instead? multiculti Ottawa 144 2017-04-05 06:36 PM
Direct Energy / EnerCare Hot Water Heater Rental littlestone Ottawa 16 2015-07-23 08:47 PM
Rental water heater dlhunter Markham / Thornhill / Vaughan 5 2008-11-17 01:14 PM
TP water heater rental themccartneys Milton 2 2005-12-13 11:37 AM



All times are GMT -4. The time now is 01:35 AM.



Copyright © PHAND Corporation
This document may not be used elsewhere without the expressed written consent of PHAND Corporation.
*** There is no association between this website and any builder. ***

Powered by vBulletin® Version 3.8.10
Copyright ©2000 - 2019, vBulletin Solutions, Inc.