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  #371  
Old 2019-01-17, 07:14 PM
TKG26 TKG26 is offline
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what make and model is your water heater?
The buyout is typically close to the purchase price.

1700$ vs 4000$ is a big difference, are you actually comparing identical model tanks?
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  #372  
Old 2019-01-17, 10:17 PM
ottawabuyer ottawabuyer is offline
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Hahahahahahaha... Buy out is no where near purchase price. My water heater is 1700 new and to buy it out its over 6000. Absolutely ridiculous.
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  #373  
Old 2019-01-18, 04:15 AM
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Originally Posted by alsh View Post
Well, Enbridge did't need any kind of proof to charge you, so yes call them and they ask them to dispute /remove the charges from you're account.

And once you reach a settlement with the company they can add that amount to the buyout price
Keep in mind that you don't technically have an agreement with them so act accordingly. i.e. don't pay them one cent for anything outside of any agreement you may enter into as there is no contract. This is what prompted me to remove their unit and purchase one myself. I din't want them to say that we were using their equipment and as such were required to pay them a fee which also opens another can of worms. Seeing as how you do not technically have an agreement with them you are not required to pay any fees. You*could* in theory keep using the unit for free until the matter is resolved but most courts would interpret that as you using their stuff and expecting to get away with not paying anything. This would not look good on you and this is what I was going through so I had it removed and called to let them know.

Last edited by pabloottawa; 2019-01-18 at 04:43 AM.
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  #374  
Old 2019-02-25, 09:33 PM
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pabloottawa pabloottawa is offline
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@StevenGovenlock

You sent me a private message but I can't respond because you disabled the PM feature meaning you can SEND messages to members but cannot receive. Send me a PM when you have repaired this issue. I have some important news you should know.

Last edited by pabloottawa; 2019-02-26 at 12:46 AM.
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  #375  
Old 2019-02-27, 11:23 PM
OttawaInvestor OttawaInvestor is offline
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Anyone succeed in opting out of the Water Heater Rental clause when signing purchase agreement with the builder?
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  #376  
Old 2019-02-28, 06:58 AM
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pabloottawa pabloottawa is offline
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Anyone succeed in opting out of the Water Heater Rental clause when signing purchase agreement with the builder?
Yup, me 😂

Due to the exposure Enercare has received as a result of the efforts made by several members of this forum as well as a public article in the Ottawa citizen in 2018, they haven’t bothered me or my wife in over a year. We still have their property sitting in our basement along with several registered letters we sent them advising that their property is waiting for them. We’ve also imposed a storage fee retroactive to the closing date. The invoice will also be sent to them once they’ve picked it up 😂. Hell, why not. They tried it with us and so far, no lawyer has come after us.

Realistically we assume that Enercare’s legal team has already advised them to drop the matter and let sleeping dogs lie. The legal nightmare and the possibility of a counter suit combined with the media exposure they will suffer is more than enough to make them go away. Regardless we chase them every now and then with a registered letter of notice sent to the president of Enercare advising them that their property is still here and the storage fee is only increasing.
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  #377  
Old 2019-02-28, 10:33 AM
alsh alsh is offline
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Originally Posted by pabloottawa View Post
Yup, me 😂

Due to the exposure Enercare has received as a result of the efforts made by several members of this forum as well as a public article in the Ottawa citizen in 2018, they haven’t bothered me or my wife in over a year. We still have their property sitting in our basement along with several registered letters we sent them advising that their property is waiting for them. We’ve also imposed a storage fee retroactive to the closing date. The invoice will also be sent to them once they’ve picked it up 😂. Hell, why not. They tried it with us and so far, no lawyer has come after us.

Realistically we assume that Enercare’s legal team has already advised them to drop the matter and let sleeping dogs lie. The legal nightmare and the possibility of a counter suit combined with the media exposure they will suffer is more than enough to make them go away. Regardless we chase them every now and then with a registered letter of notice sent to the president of Enercare advising them that their property is still here and the storage fee is only increasing.
Good on you mate. In my case I was offered all options "remove it, lease it, buy it out"
Nowadays some of the builder has changed the agreement and force you to sign (not initial as it used to be) based on the price/ period. A friend of mine just lost a very good lot because he refused to sign the hot water clause.
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  #378  
Old 2019-05-07, 03:04 PM
jeeva86 jeeva86 is offline
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So I just passed my 1-year anniversary of our new home. I didn't get time to battle with Cricket Comfort yet, but hopefully I can attempt this soon. Assuming I get Cricket to remove the tank, anyone have good contacts for purchasing/installing the replacement?
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  #379  
Old 2019-05-16, 07:08 AM
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pabloottawa pabloottawa is offline
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Just a heads up. From the past emails I've received and from what I'm reading here it seems the builders have opted to screw homeowners even harder by making the water heater rental clause more specific and harder to argue so make sure you tell your friends to READ that clause carefully before making their decisions. Let's make a strong case against this practice because believe it or not, this entire thread and others like it can be used in court to argue against these predatory tactics.

In Canada, two aspects of the law can be used to argue a case. Case law which is "by the book" legal interpretation (might not be called "case law" but you know what I mean), and common law which is the practice that is commonly followed set by longstanding tolerable practices and precedents. Usually common law is what most judges in cases like these will go by.

*BE AWARE* For a contract to be legally binding, it must include the following elements:

Legality,
Mutual agreement,
Consideration, and
Capacity.

Legality: For a contract to be legally binding, that is, enforceable at law, it must not create obligations to do something that is illegal. For example, an agreement to steal something cannot form the basis for a legal contract.

Mutual agreement: Mutual agreement is arrived at when one of the parties makes an offer and the other party accepts the offer. Commonly referred to as ‘offer and acceptance’. Both the offer and the acceptance must be clear and unequivocal. In addition, the offer can be revoked (cancelled) before it is accepted, unless the offer specifically states that it will remain open for a specific time-period, and it has expired.

Consideration: Consideration can be a monetary payment or can also be a promise.

Capacity: In order to ensure that the parties to the contract can be held accountable under the agreement, the parties must be of sound mind, meaning that they are able to understand the full meaning and effect of the contract that they are agreeing to. A contract made by someone who is determined to be mentally incapable of entering into the agreement, generally, will not be obligated under the agreement. Mental incapacity can arise for different reasons, such as due to a disability or if the person was intoxicated.

In addition, it is advisable that both parties have reached the age of majority. If one of the parties is a minor, the contract will not be enforceable against the minor. However, if the other party is an adult, they will be obligated to the minor under the agreement.

Capacity can also relate to legal entities that are not people, such as corporations. For example, if the person who signed on behalf of the corporation did not have the authority to do so, the contract might not be enforceable.

Oral and written agreements
A contract can be either oral (spoken), or written, provided that the elements required to form a legally binding contract have been met. In some cases, however, the law requires the contract to be in writing, such as transactions for the purchase and sale of real property (land).

Wherever possible, it is advisable that important agreements be made in writing. In a written agreement the parties have the advantage of being able to clearly explain the terms and promises, such as the services or goods to be provided, the performance schedule and payment amounts. By having the components of the agreement written out, it makes it easier for both parties to understand and fulfill their obligations under the agreement.

When can a contract be cancelled?
If a contract is not enforceable, under the law, it can be set aside. To set aside a contract means to cancel or rescind the agreement. The legal reasons to cancel a contract are:

Misrepresentation – a false statement of fact made by one of the parties to the other for the purpose of inducing them to enter into the agreement. If the misrepresentation is of a material (important) fact, it makes the contract voidable.
Mistake – where one (or more) of the parties had an incorrect understanding of what the contract was concerning.
Duress and undue influence – when one party compels or threatens the other to enter into the agreement against their will. The injured party needs to prove that there was a threat and that that was the reason they made the contract.
Incapacity – those entering into an agreement must have the legal capacity with regard to age, mental capacity and authority.
Illegal contracts. A contract can be illegal if it violates a law. Although this can include criminal laws, it can also relate to a contract made against other provincial, territorial or federal laws.

https://www.legalline.ca/legal-answers/contracts/

Last edited by pabloottawa; 2019-05-16 at 07:16 AM.
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  #380  
Old 2019-05-16, 07:36 AM
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good2know good2know is offline
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Quote:
Originally Posted by TKG26 View Post
Depends on what model tank you have.. Some install for a1500$ some for $4500 depending on the type of system..

Keep in mind that buyout is the complete installation. Not just the price of the tank..
If you mean install of plumbing, gas lines, electrical, venting systems dont agree with that. The rental is for the water heater. Everything else is part of the house infrastructure.

If you mean there is a labour cost to be considered thats fair ball.
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