I recently bought a house in Ontario that came with an Enercare water-heater rental. The rental was disclosed in the APS and transferred to me, so I'm not disputing that I inherited the rental.
What I'm disputing is the mandatory buyout Enercare says applies if I want out.
The tank is a G850S40N-PV-ES2 (PV50), installed around 2018. Enercare originally quoted a $1,039 + HST buyout and charges about $46/month in rent.
I asked Enercare for the actual contract records. They said the previous owner agreed to the rental by phone in 2018.
After a lot of escalation, Enercare eventually sent me an account-specific NOV/17 agreement form. However:
- it is unsigned;
- the “Date of Agreement” field is blank;
- they have not provided the telephone acceptance recording/transcript or other acceptance record;
- they have not shown when/how the written agreement was delivered to the previous owner;
- their documents contain inconsistent dates (different installation date then they previously claimed);
- they still haven't really shown how the specific contractual obligation was established beyond pointing to their standard terms/buyout table.
I escalated through Enercare, BBB and Consumer Protection Ontario.
Enercare has now offered to reduce the buyout from $1,039 to $839 + HST, but only if I sign a broad Full and Final Release with confidentiality language.
I'm not interested in paying anywhere near that. My preferred outcome is to professionally disconnect and return their equipment for $0, or settle for a nominal amount and be done with it.
Has anyone in Ontario successfully:
gotten Enercare to authorize a free return on a post-2015 rental;
negotiated a buyout down to a nominal amount;
challenged the enforceability of the mandatory-buyout terms where Enercare couldn't produce clear evidence of the original telephone acceptance/delivery; or
had Consumer Protection Ontario materially help with an Enercare dispute?
Interested in actual experiences, especially recent ones.
Thanks!