HVAC scams and predatory home improvement practices have plagued Ontario homeowners for far too long. Despite previous efforts to curb these deceptive tactics, many consumers have fallen victim to high-interest rental agreements and unfair contract terms. Fortunately, the recent introduction of the Homeowner’s Protection Act (HPA) has brought about significant changes that empower homeowners to protect their property and financial interests.

The Problem with NOSIs

One of the most harmful consequences of these scams has been the registration of Notices of Security Interest (NOSIs) on homeowners’ property titles. These NOSIs act as financial collateral for rental agreements, often exceeding the actual value of the equipment. This can make it difficult to sell or refinance a home, as the presence of a NOSI may deter potential buyers or lenders.

The Homeowner’s Protection Act: A New Weapon Against Scams

The HPA is a landmark piece of legislation that addresses the shortcomings of previous consumer protection measures. Key provisions of the Act include:

  • Retroactive Application: The HPA applies retroactively to NOSIs registered before its enactment, providing relief to homeowners who have been affected by scams in the past.
  • Simplified Discharge Process: Homeowners can now directly apply to the Land Registry Office to discharge NOSIs registered as collateral for consumer goods, eliminating the need for lengthy and expensive court proceedings.
  • Definition of Consumer Goods: The Act defines consumer goods as items used primarily for personal, family, or household purposes, ensuring that a wide range of products are covered.

Protecting Yourself from Scams

To avoid falling victim to HVAC scams and other deceptive home improvement practices, be wary of the following:

  • High-Pressure Sales Tactics: Legitimate businesses will not pressure you into making immediate decisions.
  • Unusually Low Prices: Beware of offers that seem too good to be true.
  • Rental Agreements: Carefully review any rental agreements before signing, paying close attention to the terms and conditions.
  • Research and Verify: Conduct thorough research on companies and their reputation before entering into any contracts.

Homeowner’s Protection Act Protects Ontario Residents

The Homeowner’s Protection Act is a significant step forward in protecting Ontario residents from predatory business practices. Understanding your rights and taking proactive measures can safeguard your property and financial well-being. Consulting with a legal professional can provide valuable guidance if you have been affected by a scam or have questions about the HPA.

Ottawa Real Estate Lawyers Assist Clients In Vacating NOSIs From Their Titles

Tierney Stauffer LLP in Ottawa has helped numerous clients vacate NOSIs from the title and cancel payments on these contracts. Contact us today at 1-888-799-8057 or visit us online to see how we can assist you. 

Contact Tierney Stauffer LLP in Ottawa, Cornwall, Kingston or North Bay

Everyone at Tierney Stauffer LLP including our lawyers, management team, and support staff, share a common vision for our firm. Together, we strive to cultivate a cohesive and client-centred approach across all of our different practice areas, and in our various convenient locations. We are a large team with a diverse array of experience in multiple areas of practice to assist our clients with a variety of needs. Call us at 1-888-799-8057 or contact us online to set up a consultation and discuss your matter with an experienced lawyer.

Award for Best Lawyer of the year, awarded to Susan Mitchell
Best Lawyers - Firm Logo


    Ottawa

    Fax: 613-728-9866
    510-1600 Carling Avenue
    Ottawa, Ontario
    K1Z 0A1

    Cornwall

    Toll-Free: 1-888-799-8057
    340 Second Street East
    Cornwall, Ontario
    K6H 1Y9

    Kingston

    Toll-Free: 1-888-799-8057
    556 O’Connor Drive
    Kingston, Ontario
    K7P 1N3

    North Bay

    Toll-Free: 1-888-799-8057