pre-purchase not a guarantee

[rwand1]

George,

Just out of interest I found this
Ontario boosts consumer protection with new 10-day cooling off period


http://www.cbs.gov.on.ca/mcbs/english/4WUK2R.htm

[rwand1]

Another interesting link I found

http://www.consumerbeware.mgs.gov.on.ca/catsct/start.do

There is a category for Home Inspections.

[George A. H. Luck]

Thanks for that link Ray. This cooling off period extension to goods and services delivered at the time of sale may have a real impact on whether or not we need to have our contracts signed at the the beginning of the inspection or at the end. If the client has ten days to aquaint himself with our product and our contract he has plenty of time to address any issues he has with either before the contract is executed. So, it seems to me that a client cannot claim that he was unaware of any part of the contract, or that he did not have time to study the report, s.o.p. etc.

I will ask my lawyer about this at our yearly meeting. I can hear the meter running already!
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[rwand1]

I guess you might try and argue that your contract is in the public domain if its on your website, and therefore if the client had done his due diligence, would have and could have very easily researched the inspector and his contract prior to the inspection. Sounds like a logical defence to throw back at the client should he claim he was under some form of duress.

[Roy D. Cooke, Sr]

Originally Posted by gluck

Thanks for that link Ray. This cooling off period extension to goods and services delivered at the time of sale may have a real impact on whether or not we need to have our contracts signed at the the beginning of the inspection or at the end. If the client has ten days to aquaint himself with our product and our contract he has plenty of time to address any issues he has with either before the contract is executed. So, it seems to me that a client cannot claim that he was unaware of any part of the contract, or that he did not have time to study the report, s.o.p. etc.

I will ask my lawyer about this at our yearly meeting. I can hear the meter running already!
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I have communicated with many lawyers on this and they all said to get the contract signed before you say one word about the home or any thing to do with the it .
I do start almost all inspections before the client get there so I make sure I never mention a thing .
If I do have to defend my self I am so carefull on this point I should not get tripped up on it .
... Cookie
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[Claude Lawrenson]

Roy not to sound picky - but many inspectors do excatly what you stated - start the inspection before the client arrives. But an unsigned contract and commencement of the inspection without the clients signature on a contract or agreement is the exact issue that got Mr Bouchard of PTP in trouble. Certainly posting an agreement may help, but it (the terms of agreement) still do not come into effect until signed.

Fraser vs Knox Case Oct 26, 1998 (Ontario Court of Justice) - where an oral contract was entered between the inspector and the purchaser. The client was asked to sign the agreement after completion of the inspection. The judge indicates that presentation of the agreement at the late stage was an attempt to modify an open contract - attempting to limit any potential liability. The inspector paid dearly for his mistake.

[Roy D. Cooke, Sr]

Thanks Claude .... Cookie

[rwand1]

Claude

Good points.

Btw, just out of interest and on another note.., have you read Queen v. Cognos?

Negligent misrepresentation?

Contractual obligations exist with home inspection association() who fail to uphold their end of the contract to the members.

Watch out for the Police.

Cheers,

[George A. H. Luck]

All interesting points but with the 10 day cooling off period how could the client claim that he was unaware of the conditions of the contract? Remember the client can cancel the contract at any time during that 10 day period if he is unhappy with any part of the inspection or the contract. Obviously this provision was written to protect the public but doesn't it also protect us at the same time?

[rwand1]

George,

I don't think the 10 day cooling off period is applicable to home inspection contracts.

[George A. H. Luck]

Why do you think it wouldn't be applicable?

"The cooling off period will be extended to apply to all sales made at the consumer's home, whether the goods are delivered or services are provided at the time of sale or afterwards, and regardless of whether payment is made in full or in part"

[Roy D. Cooke, Sr]

Originally Posted by gluck

Why do you think it wouldn't be applicable?

Because you have already had the service that you paid for it is not like a contract to get gas for your home for the next two years .
It is the same as buying a Pizza bought paid for it and taken delivery.
.... Cookie

[Claude Lawrenson]

Yes, Raymond I have read that case. It provides some interesting points on negligent misrespresentation. I have been a long time believer also in issues regarding "negligent referral" as quoted some years ago by CREIA.

[Roy D. Cooke, Sr]

Originally Posted by rwand1

Claude

Good points.

Btw, just out of interest and on another note.., have you read Queen v. Cognos?

Negligent misrepresentation?

Contractual obligations exist with home inspection association() who fail to uphold their end of the contract to the members.

Watch out for the Police.

Cheers,

Queen v. Cognos?

http://csc.lexum.umontreal.ca/en/199...93rcs1-87.html

[George A. H. Luck]

Well, Roy, I don't know about you but I don't get paid until after I have presented my product ( report) so, like your pizza, the money changes hands before the customer has the product.

Read this again;

"The cooling off period will be extended to apply to all sales made at the consumer's home, whether the goods are delivered or services are provided at the time of sale or afterwards, and regardless of whether payment is made in full or in part"

How does this NOT apply to our business? I may be a little thick but I cannot see why it does not apply.