This blog is the final blog in our four-week series about financial elder abuse.  This week we are focusing on consumer rights.  All people in Ontario have rights when buying items and services.  Consumer rights related to three major items that seniors commonly buy are outlined below:  used vehicles, cell phones, and home equipment. 

Used Vehicles

There is little protection for consumers after they buy used vehicles in Ontario.  For this reason, it is very important to do research about used vehicles before buying them.  

You are entitled to the following information before purchasing a vehicle from a registered used vehicle dealer. 

• Total mileage on the vehicle

• Mechanical inspection

 You are entitled to hire your own mechanic to inspect the vehicle before purchasing it.    

 The dealer is not required to pay for the inspection but must allow an inspection by a

 mechanic of your choice.

• Used Vehicle Information Package (UVIP) from Service Ontario

The UVIP has a lot of important information about the used vehicle, including make/model/year, registration history, fair market value, and whether there are any debts registered against the vehicle. Vehicle dealers do not have to give you the UVIP, but you are entitled to order the UVIP from Service Ontario if you are considering buying the vehicle.  The fee for the UVIP is $20.00

There are limited situations where you might be able to return a used vehicle you bought from a registered used vehicle dealer.  You can return the vehicle within 90 days of buying it if the used vehicle dealer does not give you the following information about the vehicle.

•  Total mileage
•  Make/model/year
•  If previously used as a taxi, limo, rental car, or police car
•  If the Ontario Ministry of Transportation has said the vehicle is salvage, rebuilt, or can’t be repaired

You can return the used vehicle within one year of buying it if the dealer lied to you about the vehicle.  For example, if the dealer told you the vehicle was never used as a rental car and you find out it was used as a rental car, you can return the vehicle and get money back from the dealer.

If you are having a problem with the used vehicle you bought from a registered used vehicle dealer, you should ask the dealer to fix the problem. Send a letter explaining the problem, requesting the dealer fix it or refund some of your money, and give a deadline for the dealer to respond to you.  Send the letter by registered mail or email so you have proof of sending the letter.  Keep a copy of the letter.

If the dealer refuses to help you or does not answer your letter, you can file a complaint with the Ontario Motor Vehicle Industry Council (OMVIC). The OMVIC cannot force a dealer to fix your vehicle or give you money, but the OMVIC can help you and the dealer reach an agreement about the vehicle.  You can file a complaint by:

•  Filling out the online complaint form: https://www.omvic.ca/buying/complaints/complaints-process/
•  Calling OMVIC at 1-800-943-6002
•  Emailing OMVIC’s complaints department at consumers@omvic.on.ca

All of these rights related to buying used vehicles only apply to purchases from a registered used vehicle dealer.  If you buy a vehicle in a private sale from an individual, you do not have these rights in law.  The only way to get these rights if you buy a vehicle privately from an individual is to sign a contract before you buy the vehicle that says that you and the seller agree that you have the rights outlined above.  You can hire a lawyer to help you write a contract or you could write a contract yourself.

Cell Phones

Consumer rights when buying cell phones from cell phone companies are complicated.  Your rights depend on the kind of contract you have with the cell phone seller, how long you have had the contract, and whether you got a discounted phone with your contract.  Your rights also depend on the way that you bought the phone:  in person, online, or by phone. 

To find out detailed information about consumer rights for different types of cell phone purchases, go to the following website:  https://stepstojustice.ca/legal-topic/debt-and-consumer-rights/cellphones/

You can also contact the Commission for Complaints for Telecom-Television Services to ask questions about your rights as a cell phone user and to make a complaint that your rights have not been followed.  The Commission for Complaints for Telecom-Television Services can be reached by phone at 1-888-221-1687 or at the following website:  https://www.ccts-cprst.ca/ 

There are some rights that apply to all types of cell phone purchases.  For example, sellers cannot charge you for a device or service that you did not agree to have, such as call waiting or voicemail.  Any contracts given to you must be written in plain language so it is easy for you to understand.  If you have a disability, the seller must give you the contract in an alternative form if you ask for it. For example, if you have vision problems, you could ask for a contract in Braille or an audio recording. 

All contracts for cell phones must include some basic information.

• your name and contact information
• the name, address, and contact information of the seller
• the date the contract was made, and how long the contract will last
• the amount you must pay

The seller must also tell you if your phone has a warranty, what the warranty covers, and if you will have to pay to send the phone for repair.  The seller must tell you how long the warranty lasts that is included with the phone before they offer you any extended warranties or insurance. An extended warranty lasts longer or covers more than the warranty the phone is sold with. You usually have to pay more for this extra protection.

If your phone is lost or stolen, you must tell your cell phone company right away.  The company must stop your phone service right away at no charge. You will have to pay for any extra fees that were used on your phone before you tell the company it was lost or stolen.  If you find your phone or buy a new phone, your cell phone company must start your services again at no cost.

Home Equipment

The law related to rentals of home equipment, such as water heaters and furnaces, has recently changed.  Businesses are no longer allowed to put a notice on the deed to your house if you rent equipment from them in your house.  Any such notices put on deeds to houses in the past have been cancelled by the Ontario government.  Therefore, if such a notice is on the deed to your house, it is illegal and you can have it taken off the deed.  Read the following website to find out how to see if there is a notice for rental equipment on the deed to your house and how to remove the notice:  Notices of Security Interest | ontario.ca

If you buy home equipment, such as a water heater or furnace, on a payment plan/loan, your rights depend on the details in your contract for the purchase and loan and the way that you bought the item.  Your rights are different if you bought the item on the Internet, in person, or through door-to-door sales. 

Door-to-door sales are banned for the following items: 

• Furnaces and air conditioners
• Air purifiers/cleaners
• Water heaters/purifiers/filters/softeners/treatment devices
• Duct cleaning services

If you bought any of these products through a door-to-door sale, the contract is illegal and you can cancel the contract and get your money back from the seller.

You should find out your rights when making a purchase of home equipment through a loan before you sign any agreements.  You can find out your rights by talking to a lawyer or by contacting Consumer Protection Ontario.  Consumer Protection Ontario is an Ontario government department that gives people information about their rights when buying items and services in Ontario and takes complaints about the behavior of businesses in Ontario.  You can contact Consumer Protection Ontario by phone at 1-800-889-9768.  There is also a lot of information about consumer rights available on Consumer Protection Ontario’s website:  https://www.ontario.ca/page/consumer-protection-ontario

You should always get independent legal and financial advice before you agree to purchase home equipment.  Sometimes lawyers and financial advisors are part of scams for people to borrow money to buy home equipment.  If someone offering to sell you home equipment tells you to talk to a particular lawyer or banker, say NO.  Talk to your own banker or lawyer to get advice about the purchase.

Where to Get More Information

All seniors should get information about their legal rights before making a major purchase, such as home equipment, a cell phone, or a used vehicle, so that businesses do not take advantage of them and abuse them.  If you are not sure where to go to find out your legal rights, contact the Grey-Bruce Community Legal Clinic for help.  We are a free legal service available for all people who live in Grey and Bruce Counties.  We can give you information about your rights or tell you where to find the information if we do not have it.  You can reach the Legal Clinic by phone at 519-370-2200 or 1-877-832-1435.  You can also email us at general@gbclc.clcj.ca