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

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{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/mona-muker Mona Muker], Maple Law Group, and [https://www.dlg-law.ca/team/dean-p-davison/ Dean Davison], Davison Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = consumer}}
{{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.
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.


Line 23: Line 23:
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.
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.


====The terms of a contract can be express or implied====
===If the work is poorly done===
An '''express term''' is one you and the service provider agreed on — either verbally or in writing, or both. A term is binding only if you have a contract.
Under the law, certain terms are implied in all service contracts. The person you hire must:


An '''implied term''' is one the law says is part of a contract, even though you haven’t discussed it with the service provider.
* use reasonable care
* do the work in a "proper and workmanlike manner"
* use materials of reasonable quality


====Guarantees and warranties are common express terms====
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.”
Look carefully at '''guarantees''' and '''warranties''' in your purchase contract. For example, a painter might guarantee 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.
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.


===Certain implied terms apply to all service contracts in BC===
===If a service provider misled you or used unfair practices===
Under the law, certain terms are implied into all service contracts. The service provider must:
'''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.
*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.
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.


===Express terms are best===
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.
To avoid misunderstandings and arguments, it’s best to include '''express terms''' in your contract. 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.


===If the service is unsatisfactory===
==Work out the problem==
If you buy a service that turns out to be unsatisfactory, complain about it promptly. Keep records of what you say. Correspond in writing, so you have a clear record of what was said.


{| class="wikitable"
There are steps you can take to work out the problem.
|align="left"|'''Tip'''
If you’re not happy with the work done by someone you’ve hired, see People’s Law School’s information at [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/hiring-someone/if-youre-not-happy-service peopleslawschool.ca], which includes tips and a template letter to send to the service provider.
|}
==Common questions==


===Do I need a written contract?===
===Step 1. Prepare your thoughts, including the outcome you’re seeking===
It’s always best to have a written contract, especially if a lot of money is involved. Even though a verbal agreement is a legal contract, it can be much harder to enforce than a written agreement. It can also lead to misunderstandings about what you and the other side expect.


Make sure the written contract has all the terms that are important to you. Don’t leave terms in the contract just because they are “standard terms”. If a term doesn’t apply to you, cross it out, initial the change and get the other side to initial the change too.
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?


Emails can help to prove the terms of a contract. For example, if you said in an email something like, “As we discussed…” and if you can prove the other side received the email, and didn’t dispute it, it might help a court decide on the terms of the contract.
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?


{| class="wikitable"
===Step 2. Complain promptly===
|align="left"|'''Tip'''
Don’t pay in cash for services. If you pay cash, you’ll have no evidence you paid the service provider, and no recourse if there’s a problem.
|}


===What if I received poor service from a professional?===
You can do this in a conversation or in writing. The advantage of writing is that there’s a clear record of your complaint.
If you received poor service from a professional — such as a doctor, lawyer, architect, accountant or dentist — first try solving the problem by talking with them directly.  


====Complain to the professional body====
Be firm and businesslike, but polite. Cover these points:
If talking with the professional doesn’t work, go to the organization that oversees 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.


====Other occupations also have organizations you can complain to====
* a description of what was agreed to
Real estate agents, travel agents, and car dealers must be licensed or certified by provincial authorities. Other occupations have voluntary organizations — the [http://www.mover.net 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, to complain about a car dealer, contact the [https://mvsabc.com/ Vehicle Sales Authority of BC]. To complain about a realtor, contact the [http://www.recbc.ca/ Real Estate Council of BC].
* details of the problem
* what you want them to do to fix things


If you don’t know the name of the organization or where to locate it, ask another member of the same profession.
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].


====In some cases, you may be able to sue====
===Step 3. Contact a consumer protection agency===
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, see our information on [[Medical Malpractice (No. 420)|medical malpractice (no. 420)]] or [[If You Have a Problem with a Lawyer (No. 436)|if you have a problem with your lawyer (no. 436)]]. If you’re thinking of suing, it’s a good idea to speak with a lawyer.


===Can I rely on an estimate from a service provider?===
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.
An '''estimate''' is a business’ best guess as to how much certain work will cost. There’s no guarantee a final price for services will be the same as the price in an estimate. The estimated and final prices can differ, but the difference should be fair and reasonable. Courts have found differences of 5% to 20% from an estimate to be reasonable.


If you want to rely on an estimate, it must be part of the service contract. An estimate is less likely to apply if there were significant changes or increases to the work and you agreed to them. An estimate won’t apply if you did not rely on it before proceeding, or if there were unforeseen circumstances beyond the estimator’s control. On the other hand, an estimate is more likely to apply if you relied on it before deciding to proceed or if it was undervalued to get your business.
===Step 4. Consider legal action===


If you are getting repair work done, a repair person cannot charge for work the estimate does not include, unless you consent to it. If you have a dispute with the repair 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 item they repaired and keep the item until you pay the bill. Or, the repair person can sell the item to pay for the repairs.
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.


===What about charges for unnecessary services?===
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!
Sometimes a service provider may charge you for services that weren’t necessary. Under [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec4_smooth BC law], a business is not allowed to use "'''unfair practices'''". Unfair practices include when a business does something that is not right or reasonable (this is called “unconscionable”). An example would be if a business takes advantage of any vulnerabilities you may have that affect your ability to protect your own interests, such as any disability or language difficulties. If a business does something “unconscionable”, any agreement you signed is not binding on you.


If you suspect this, contact [http://www.consumerprotectionbc.ca/ Consumer Protection BC] at 1-888-564-9963 (toll-free).  
===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].


==Get help==
==Who can help==
===Helpful agencies===
There are options for help if you’re not happy with a service provider.


===Agencies that can help===
:'''Consumer Protection BC'''  
'''Consumer Protection BC''' provides assistance relating to certain types of consumer problems and contracts in BC, including future performance contracts and direct sales contracts (such as door-to-door contracts).
:Assists with some consumer problems and contracts. Includes online complaint form.
:Toll-free: 1-888-564-9963
:Call 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]
:[https://www.consumerprotectionbc.ca/complaint-assistant/ Start a complaint]
:[https://www.consumerprotectionbc.ca/ Visit website]


The '''Better Business Bureau''' assists people in finding businesses they can trust.
:'''Better Business Bureau'''
:Web: [http://www.bbb.org/ca/bc bbb.org/ca/bc]
: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]


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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.
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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
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