If You're Not Happy with a Service

This script discusses what you can do if you buy services that turn out to be unsatisfactory.

When you buy and receive a service, you are making a 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. Note that a contract does not need to be in writing. There are also oral or verbal contracts.

The terms of a contract can be “express” or “implied”

• An “express” term is one that you and the service provider have agreed on – either verbally or in writing, or both.
• 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.

Guarantees and warranties are common types of express terms

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’re worth very little to you. If the service provider makes any promises or guarantees, get them in writing, and be sure you understand any conditions that limit 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.

The law says certain implied terms are part of all service contracts in BC

These implied terms are that the service provider:

• must use reasonable care
• must do the work in a “proper and workmanlike manner”
• must 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.

It’s better to have express terms in the contract

To avoid misunderstandings and arguments, it’s better if you have express terms, rather than just relying on implied terms. Implied terms are broad and general, 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 a date when the service must be done. If you don’t set a date, 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

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.

Don’t pay for the services in cash

If you pay cash, you’ll have no evidence that you paid the service provider, and no recourse if there’s a problem.

What about repair estimates?

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 repairperson, you may have to pay the bill first and go to court later. That’s because some repairpersons 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?

Sometimes you may find that a service provider is trying to charge you for services that weren’t necessary or that were never performed. This may be in violation of the provincial Business Practices and Consumer Protection Act. If you suspect this, contact Consumer Protection BC at 1.888.564.9963 (toll-free) or through the Internet atwww.consumerprotectionbc.ca.

Professionals have organizations you can complain to about poor service

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 Law Society of British Columbia (www.lawsociety.bc.ca). For doctors, go to the College of Physicians and Surgeons of British Columbia (www.cpsbc.ca). 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.

You can also find help for other occupations too

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 Motor Vehicle Sales Authority of British Columbia (www.mvsabc.com). For complaints dealing with realtors’ services, contact the Real Estate Council of BC (www.recbc.ca).

In some cases, you may be able to sue

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, refer to Script 420 on “Medical Malpractice” or Script 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

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.

Where can you get help or more information?

• You can contact the Better Business Bureau. The phone number for the Better Business Bureau for mainland BC is 604.682.2711 (website www.mbc.bbb.org) and 250.386.6348 for Vancouver Island (website www.vi.bbb.org). Also check “Helpful Links” on the mainland BC Better Business Bureau’s website.

• You may also contact one of the various consumer agencies listed on the Consumer Protection BC website at www.consumerprotectionbc.ca under its "How Can We Help?” page (under the “Help for Consumers” tab), or phone them at 1.888.564.9963 for guidance.

• If you feel you’ve been duped or misled, refer to Script 260 on “Dishonest Business Practices and Schemes”. If the services you’ve bought include the supply of defective goods, refer to Script 257 on “Buying Defective Goods”.

[updated February 2013]

---

---

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

Failing to do something that a reasonable person would do, or doing something that a reasonable person would not do, which results in harm to someone else.

Acting or not acting in a manner that is contrary to the terms of a contract. In family law, the breach of one party usually gives rise to a cause of action for the other party, allowing that party to sue for breach of contract, but the breach is unlikely to allow that party to treat the agreement as if it were cancelled or had been voided.