Difference between revisions of "If You're Not Happy with a Service"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(21 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.carboncure.com/ Mario Garcia], CarbonCure Technologies|date= April 2020}} {{Dial-A-Law TOC|expanded = consumer}}
If you hired someone and you’re not happy with their work, you have options, and rights. It can feel overwhelming, but there are steps you can take to help yourself.


{{Dial-A-Law TOC|expanded = credit}}
==What you should know==
This script discusses what you can do if you buy services that are unsatisfactory.


==When you buy and receive a service, you are making a contract==
===Your options if the other party is in breach of contract===
Your contract is with the person or company who provides the service. (If a person is an employee of a company, your contract is with the company only.) Your rights and obligations depend on BC law and the terms of the contract. A contract does not need to be in writing. It can be a verbal contract.  
When you hire someone to perform a service, you’re making a contract. They’ve made a promise to you in return for payment. If they’ve broken the terms of that promise, they’re in '''breach of contract'''.


==The terms of a contract can be express or implied==
A breach of contract can be dealt with in one of three ways. Which applies depends on what exactly is wrong and what kind of agreement you made.
*An express term is one that you and the service provider agreed on—either verbally or in writing, or both. A term is binding only if you have a contract.  


*An implied term is one that the law says is part of a contract, even though you haven’t discussed it with the service provider.
'''Option 1.''' The contract can be '''cancelled'''. This puts the parties back to the situation they were in before the contract was made.


==Guarantees and warranties are common express terms==
'''Option 2.''' The party in breach can be made to pay '''damages'''. This is money to cover the injured party for their losses.
Look carefully at guarantees and warranties in your purchase contract. For example, a painter might guarantee that your house won’t need repainting for five years. But guarantees and warranties are often so vague, or buried in so many qualifications, that they may not be worth anything to you. If the service provider makes any promises or guarantees, get them in writing—before you sign the contract—and make sure you understand any limits on them. If your painter, for example, has a standard guarantee that excludes brickwork, and you don’t like that, discuss it. If the painter says, “Oh, don’t worry, I’ll guarantee your brickwork too”, don’t just accept that. Change the term in the contract to say the guarantee includes brickwork, and get the painter to initial the change.


==By law, certain implied terms apply to all service contracts in BC==
'''Option 3.''' The party in breach can be made to '''perform''' the contract. Basically, they’re being told: Do what you promised.
These implied terms are that the service provider must:
*use reasonable care.
*do the work in a “proper and workmanlike manner”.
*use materials of reasonable quality.


So, if you hire someone to perform a service for you, and the person performs the service poorly, you can sue the person for breaking an implied term of the contract, even if you had no written agreement and didn’t talk about the quality of service.
You’re no doubt curious about which option applies. The key factor is how important the breach is. That is, whether or not it relates to a '''condition''' in the contract.


Other implied terms that apply to all service contracts in BC are outlined in [http://bclaws.ca/civix/document/LOC/complete/statreg/--%20B%20--/Business%20Practices%20and%20Consumer%20Protection%20Act%20%5bSBC%202004%5d%20c.%202/00_Act/04002_04.xml#section24 section 24] of the ''[http://bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]''.  
A condition is a term of the contract that’s crucial — so crucial that without it, you’d never have agreed to the contract in the first place.


==Express terms are best==
Examples of what amounts to '''crucial''' would be the price you were going to pay for the services, or the scope of what was going to be done.
To avoid misunderstandings and arguments, it’s best to have express terms, not implied terms. Implied terms are broad, and different people can interpret them to mean different things. So if it’s important that the job be done by a certain date, set the date. If you don’t, the service provider only has to get the job done within a reasonable time. And that may be longer than you want. Also, include in the contract what will happen if the service provider doesn’t live up to the contract.


==Make sure you have a written contract==
When a condition is broken, the contract can be cancelled. When a non-essential term of the contract is broken, the injured party can recover damages but the contract cannot be cancelled.
Oral contracts are much harder to prove, so make sure your agreement is in writing—especially if it involves a lot of money. Even though an oral contract is legal, it can be very hard to prove. It can also lead to misunderstandings about what you and the other side expect.  


Make sure that the written contract has all the terms that are important to you, and don’t leave any term in the contract just because it’s a standard term. If a term doesn’t apply to you, cross it out, initial the change and get the other side to initial the change too.
===If the work is poorly done===
Under the law, certain terms are implied in all service contracts. The person you hire must:


==Don’t pay for the services in cash==
* use reasonable care
If you pay cash, you’ll have no evidence that you paid the service provider, and no recourse if there’s a problem.
* do the work in a "proper and workmanlike manner"
* use materials of reasonable quality


==What about repair estimates?==
If you hire someone to perform a service, and the work is badly done, you can argue the service provider broke one of these implied terms of the contract — for example, they didn’t do the work in a “proper and workmanlike manner.”
If you have a written repair estimate, the person doing the repairs cannot charge you for work that isn’t described in the estimate, unless you consent to it. But if you have a dispute with a person, you may have to pay the bill first and go to court later. That’s because some repair people can put a “repairer’s lien” on the thing they repaired and keep it until you pay the bill. Or, the repairperson can sell the item to pay for the repairs.


==What about charges for unnecessary services or services never performed?==
In addition, many service providers offer a warranty or guarantee. This is their promise to provide quality service and what they’ll do if problems arise. Read any warranty or guarantee to see if it covers the problem.
Sometimes a service provider may charge you for services that weren’t necessary or that were never performed. This may violate the provincial ''[http://www.consumerprotectionbc.ca/ Business Practices and Consumer Protection Act]''. If you suspect this, contact [http://www.consumerprotectionbc.ca/ Consumer Protection BC] at 1.888.564.9963 (toll-free).  


==Professionals have organizations you can complain to about poor service==
===If a service provider misled you or used unfair practices===
If you got poor service from a professional such as a doctor, lawyer, architect, accountant or dentist, try to solve the problem first by talking to the person. If this doesn’t work, go to the organization for that profession. For example, for lawyers, go to The [http://www.lawsociety.bc.ca/ Law Society of British Columbia]. For doctors, go to the [http://www.cpsbc.ca/ College of Physicians and Surgeons of British Columbia]. Professional organizations have discipline committees that review complaints from the public, and they may be able to help you. If you don’t know the name of the organization or where to locate it, ask another member of the same profession.
'''A service provider can’t mislead you'''. For example, they can’t tell you — or advertise — that their services are of a high standard when they aren’t, or that something’s on sale when it’s not.


==Other occupations also have organizations you can complain to==
And they can't use '''unfair practices'''. For example, they can’t charge you for unnecessary services. And they can’t exploit you, like take advantage of a disability or language difficulty you might have.
Real estate agents, travel agents and car dealers have to be licensed or certified by provincial or municipal authorities. Other occupations have voluntary organizations – the Canadian Association of Movers, for example. If you aren’t satisfied after complaining to the service provider, you should contact these authorities or organizations. For example, for automobile dealer complaints, contact the [http://www.mdcbc.com/ Motor Vehicle Sales Authority of British Columbia]. For complaints dealing with realtors’ services, contact the [http://www.recbc.ca/ Real Estate Council of BC].  


==In some cases, you may be able to sue==
If the service provider did something misleading or unfair, any agreement you signed is no longer enforceable. You can walk away. Remember, though, if you just feel like it's unfair (and it isn't something ''objectively'' unfair), and you walk away from paying, you can be exposed to a lawsuit.
If you’ve been the victim of professional malpractice or poor workmanship and have suffered some loss or injury, you may want to sue for negligence or breach of contract. For more information on professional malpractice, check script [[Medical Malpractice (Script 420)|420]] on “Medical Malpractice” or script [[If You Have a Problem With Your Lawyer (Script 436)|436]] entitled “If You Have a Problem with Your Lawyer”. But if you’re thinking of suing, you should speak with a lawyer.


==Remember, complain promptly==
==Work out the problem==
If you buy a service that turns out to be unsatisfactory, complain about it promptly. Get legal advice early, if necessary. Keep good records. And always correspond in writing, so you have a record of what was said.


==More information==
There are steps you can take to work out the problem.
*Contact the Better Business Bureau. They may suggest mediation or arbitration as informal ways to resolve your dispute. You and the service provider must both agree to this. With mediation, a third-party mediator helps both sides reach a solution. With arbitration, an arbitrator hears both sides of the story and then makes a decision that is legally binding. The phone number for the [http://www.bbb.org/mbc Better Business Bureau for mainland BC] is 604.682.2711. The [http://www.bbb.org/vancouver-island/ Vancouver Island Better Business Bureau] is at 250.386.6348.


*Check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC]. It has a list of [http://www.consumerprotectionbc.ca/consumers-other-businesses-home/resources-a-links resources and links] for consumers. You can also phone Consumer Protection BC at 1.888.564.9963 for help.
===Step 1. Prepare your thoughts, including the outcome you’re seeking===


*If the services you bought aren’t defective, but they don’t live up to the glowing promises made by the service provider, check Script [[Dishonest Business Practices and Schemes (Script 260)|260]] on “Dishonest Business Practices and Schemes”.
Put together some notes. What’s the problem? When did you first notice it? What, if anything, did the other party say that persuaded you to make the contract in the first place?


Decide the outcome you’re seeking. Do you want the service provider to put things right (that is, redo or repair the work)? To reduce their bill? To stop their work and cancel the remainder of the contract?


[updated April 2015]
===Step 2. Complain promptly===


You can do this in a conversation or in writing. The advantage of writing is that there’s a clear record of your complaint.


----
Be firm and businesslike, but polite. Cover these points:
----
 
* a description of what was agreed to
* details of the problem
* what you want them to do to fix things
 
It’s a good idea to start with a template letter. [https://www.peopleslawschool.ca/category/consumer/consumer-templates/ We have some templates that might help].
 
===Step 3. Contact a consumer protection agency===
 
If you don’t get results from complaining to the service provider, you can file a complaint with a consumer protection agency. One option is Consumer Protection BC. [https://www.consumerprotectionbc.ca/complaint-assistant/ They have an online complaint form]. They can help resolve issues resulting from a breakdown between you and a service provider.
 
===Step 4. Consider legal action===
 
If you can’t solve the problem with the above steps, your next option may be to take legal action. You can consider suing the other party for breach of contract or negligence.
 
For claims of under $5,000, you can apply to work out your dispute with the Civil Resolution Tribunal. This is a cheaper and faster option than going to court. You don’t need a lawyer to do this!
 
===Go deeper===
If you want to dig deeper, we explain these steps in more detail. [https://www.peopleslawschool.ca/not-happy-with-service/ See our in-depth coverage of if you're not happy with a service provider].
 
==Who can help==
===Helpful agencies===
There are options for help if you’re not happy with a service provider.
 
:'''Consumer Protection BC'''
:Assists with some consumer problems and contracts. Includes online complaint form.
:Call 1-888-564-9963
:[https://www.consumerprotectionbc.ca/complaint-assistant/ Start a complaint]
:[https://www.consumerprotectionbc.ca/ Visit website]
 
:'''Better Business Bureau'''
:Receives complaints about local businesses that are members.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]
 
:'''Competition Bureau'''
:Deals with complaints about false or misleading advertising.
:Call 1-800-348-5358
:[https://www.competitionbureau.gc.ca/ Visit website]
 
===Legal advice===
The good news is that not all legal advice comes with a hefty price tag.
 
:'''Lawyer Referral Service'''
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit website]
 
:'''Access Pro Bono's Free Legal Advice'''
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]
 
:'''People’s Law School'''
:See more options for free or low-cost legal help.
:[https://www.peopleslawschool.ca/options-legal-help Visit website]
 
{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=credit}}

Latest revision as of 00:50, 7 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Mario Garcia, CarbonCure Technologies in April 2020.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Consumer
 · Problem with a Purchase

 · The Basics of Making a Purchase

 · Online Shopping

 · If You're Not Happy with a Service

 · Continuing Service Contracts
Work & Business
Families & Children
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
v • d • e

If you hired someone and you’re not happy with their work, you have options, and rights. It can feel overwhelming, but there are steps you can take to help yourself.

What you should know

Your options if the other party is in breach of contract

When you hire someone to perform a service, you’re making a contract. They’ve made a promise to you in return for payment. If they’ve broken the terms of that promise, they’re in breach of contract.

A breach of contract can be dealt with in one of three ways. Which applies depends on what exactly is wrong and what kind of agreement you made.

Option 1. The contract can be cancelled. This puts the parties back to the situation they were in before the contract was made.

Option 2. The party in breach can be made to pay damages. This is money to cover the injured party for their losses.

Option 3. The party in breach can be made to perform the contract. Basically, they’re being told: Do what you promised.

You’re no doubt curious about which option applies. The key factor is how important the breach is. That is, whether or not it relates to a condition in the contract.

A condition is a term of the contract that’s crucial — so crucial that without it, you’d never have agreed to the contract in the first place.

Examples of what amounts to crucial would be the price you were going to pay for the services, or the scope of what was going to be done.

When a condition is broken, the contract can be cancelled. When a non-essential term of the contract is broken, the injured party can recover damages but the contract cannot be cancelled.

If the work is poorly done

Under the law, certain terms are implied in all service contracts. The person you hire must:

  • use reasonable care
  • do the work in a "proper and workmanlike manner"
  • use materials of reasonable quality

If you hire someone to perform a service, and the work is badly done, you can argue the service provider broke one of these implied terms of the contract — for example, they didn’t do the work in a “proper and workmanlike manner.”

In addition, many service providers offer a warranty or guarantee. This is their promise to provide quality service and what they’ll do if problems arise. Read any warranty or guarantee to see if it covers the problem.

If a service provider misled you or used unfair practices

A service provider can’t mislead you. For example, they can’t tell you — or advertise — that their services are of a high standard when they aren’t, or that something’s on sale when it’s not.

And they can't use unfair practices. For example, they can’t charge you for unnecessary services. And they can’t exploit you, like take advantage of a disability or language difficulty you might have.

If the service provider did something misleading or unfair, any agreement you signed is no longer enforceable. You can walk away. Remember, though, if you just feel like it's unfair (and it isn't something objectively unfair), and you walk away from paying, you can be exposed to a lawsuit.

Work out the problem

There are steps you can take to work out the problem.

Step 1. Prepare your thoughts, including the outcome you’re seeking

Put together some notes. What’s the problem? When did you first notice it? What, if anything, did the other party say that persuaded you to make the contract in the first place?

Decide the outcome you’re seeking. Do you want the service provider to put things right (that is, redo or repair the work)? To reduce their bill? To stop their work and cancel the remainder of the contract?

Step 2. Complain promptly

You can do this in a conversation or in writing. The advantage of writing is that there’s a clear record of your complaint.

Be firm and businesslike, but polite. Cover these points:

  • a description of what was agreed to
  • details of the problem
  • what you want them to do to fix things

It’s a good idea to start with a template letter. We have some templates that might help.

Step 3. Contact a consumer protection agency

If you don’t get results from complaining to the service provider, you can file a complaint with a consumer protection agency. One option is Consumer Protection BC. They have an online complaint form. They can help resolve issues resulting from a breakdown between you and a service provider.

Step 4. Consider legal action

If you can’t solve the problem with the above steps, your next option may be to take legal action. You can consider suing the other party for breach of contract or negligence.

For claims of under $5,000, you can apply to work out your dispute with the Civil Resolution Tribunal. This is a cheaper and faster option than going to court. You don’t need a lawyer to do this!

Go deeper

If you want to dig deeper, we explain these steps in more detail. See our in-depth coverage of if you're not happy with a service provider.

Who can help

Helpful agencies

There are options for help if you’re not happy with a service provider.

Consumer Protection BC
Assists with some consumer problems and contracts. Includes online complaint form.
Call 1-888-564-9963
Start a complaint
Visit website
Better Business Bureau
Receives complaints about local businesses that are members.
Call 1-888-803-1222
Visit website
Competition Bureau
Deals with complaints about false or misleading advertising.
Call 1-800-348-5358
Visit website

Legal advice

The good news is that not all legal advice comes with a hefty price tag.

Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Call 1-800-663-1919
Visit website
Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit website
People’s Law School
See more options for free or low-cost legal help.
Visit website
v • d • e
 
Consumer & Money
Cars & Getting Around
Consumer
Money & Debt
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=If_You%27re_Not_Happy_with_a_Service&oldid=57221"