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{{Dial-A-Law TOC|expanded = credit}}
{{Dial-A-Law TOC|expanded = credit}}
This script discusses what you can do if you buy services that are unsatisfactory.  
You hire a roofer to install a new roof on your home. A week later, the new shingles begin to fall off. Learn your rights if you receive unsatisfactory services.  


==When you buy and receive a service, you are making a contract==
==Understand your legal rights==
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.


==The terms of a contract can be express or implied==
===When you buy and receive a service, you are making a contract===
*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.
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 agreement.  
*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 express terms==
====The terms of a contract can be express or implied====
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.
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.  


==By law, certain implied terms apply to all service contracts in BC==
An '''implied term''' is one the law says is part of a contract, even though you haven’t discussed it with the service provider.
These implied terms are that the service provider must:
 
*use reasonable care.
====Guarantees and warranties are common express terms====  
*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.
*use materials of reasonable quality.
 
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.
 
===Certain implied terms apply to all service contracts in BC===
Under the law, certain terms are implied into all service contracts. 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.
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.


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]''.
===Express terms are best===
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===
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.  


==Express terms are best==
{| class="wikitable"
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.
|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==


==Make sure you have a written contract==
===Do I need 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.  
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 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.
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.


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.
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.


==Don’t pay for the services in cash==
{| class="wikitable"
If you pay cash, you’ll have no evidence that you paid the service provider, and no recourse if there’s a problem.
|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?===
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====
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====
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].
 
If you don’t know the name of the organization or where to locate it, ask another member of the same profession.


==What about repair estimates?==
====In some cases, you may be able to sue====
There’s no guarantee that a final price will be the same as the price in a written repair estimate. The estimated and final prices can differ, but the difference should be fair and reasonable. Courts have found that a difference of 5% to 20% from an estimate is reasonable. Generally, an estimate for a cost-plus contract can differ more than an estimate for a fixed-price contract,
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 (Script 420)|medical malpractice (no. 420)]] or [[If You Have a Problem With Your Lawyer (Script 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.


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. But a repair person cannot charge for work the estimate does not include, unless you consent to it. 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 a you relied on it before deciding to proceed or if it was undervalued to get your business.
===Can I rely on an estimate from 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.


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.
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.


==What about charges for unnecessary services or services never performed?==
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.
Sometimes a service provider may charge you for services that weren’t necessary or that were never performed. This may violate the ''[http://www.consumerprotectionbc.ca/ provincial 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==
===What about charges for unnecessary services?===
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 [http://www.lawsociety.bc.ca/ The 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.
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.


==Other occupations also have organizations you can complain to==
If you suspect this, contact [http://www.consumerprotectionbc.ca/ Consumer Protection BC] at 1-888-564-9963 (toll-free).  
Real estate agents, travel agents and car dealers must 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==
==Get help==
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==
===Agencies that can help===
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.
'''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).
:Toll-free: 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]


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




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[updated October 2017]
[updated October 2017]


'''The above was last reviewed for accuracy by Mona Muker and Dean Davison, and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [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.'''


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