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PostPosted: Wed Mar 07, 2018 12:38 pm 
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Hi All

I just moved to Milton, the sale and purchase agreement says the hot water tank is owned but i have found that it is a rental and Reliance is now billing me $50 every month.

The seller(2 owner) tells me that reliance did not bill him for 2 years so he assumed he owned the tank, I did some research and found the 1st owner of the property who told me that he has sold the house with hot water tank as a rental.

The seller does not want to settle the case and I cannot afford this extra $50 every month, with a new born baby and my wife on mat leave i am already finding it difficult to make my ends meet.

What options do i have ?

I plan to sue the seller in the small claims court myself, is it worth it ?

IMO i have been cheated intentionally and me being a first time owner and new to this area do not know what to do ?

Please help !!!

Thanks


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PostPosted: Wed Mar 07, 2018 2:38 pm 
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What does your sales rep say, or the lawyer who closed the deal???

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PostPosted: Wed Mar 07, 2018 2:43 pm 
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the lawyers who closed said the seller assumed the water tank was owned since reliance never billed them and the seller does not want to settle it.

My agent says i should sue him.


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PostPosted: Wed Mar 07, 2018 2:44 pm 
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I suspect that there is a sticker on the tank saying that it is owned by Reliance.

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For Home Inspection services call Andy Shaw at Halton Home Inspection Service. 905 876 4761


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PostPosted: Wed Mar 07, 2018 2:45 pm 
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Halton Home Inspector wrote:
I suspect that there is a sticker on the tank saying that it is owned by Reliance.


yes , when we went for home inspection the sellers agent double confirmed that the seller owns the tank.


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PostPosted: Wed Mar 07, 2018 3:09 pm 
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What you are saying is "Hearsay" she said, he said. What does the paperwork say in writing? Does it say anything about the water tank, if not then your lawyer should have pointed this out as a possible problem.

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PostPosted: Wed Mar 07, 2018 3:14 pm 
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Greenjp wrote:
What you are saying is "Hearsay" she said, he said. What does the paperwork say in writing? Does it say anything about the water tank, if not then your lawyer should have pointed this out as a possible problem.


My sale and purchase agreement has the water tank listed as owned and not rented.


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PostPosted: Wed Mar 07, 2018 3:22 pm 
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newster wrote:
Greenjp wrote:
What you are saying is "Hearsay" she said, he said. What does the paperwork say in writing? Does it say anything about the water tank, if not then your lawyer should have pointed this out as a possible problem.


My sale and purchase agreement has the water tank listed as owned and not rented.
Sounds like a slam dunk, find out cost from Reliance to buy out the tank and register at small claims court. I would bet the seller will settle before the court date. The seller is just calling your bluff, he can't win this.

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PostPosted: Wed Mar 07, 2018 3:25 pm 
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Greenjp wrote:
newster wrote:
Greenjp wrote:
What you are saying is "Hearsay" she said, he said. What does the paperwork say in writing? Does it say anything about the water tank, if not then your lawyer should have pointed this out as a possible problem.


My sale and purchase agreement has the water tank listed as owned and not rented.
Sounds like a slam dunk, find out cost from Reliance to buy out the tank and register at small claims court. I would bet the seller will settle before the court date. The seller is just calling your bluff, he can't win this.



Is registering at a small claims court different than suing in the small claims court or does it mean the same thing ?


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PostPosted: Wed Mar 07, 2018 3:36 pm 
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Same thing, it just proves you mean business to the seller. Once the seller is notified of the action he can settle or go to court to dispute it.

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PostPosted: Wed Mar 07, 2018 3:40 pm 
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Greenjp wrote:
newster wrote:
Greenjp wrote:
What you are saying is "Hearsay" she said, he said. What does the paperwork say in writing? Does it say anything about the water tank, if not then your lawyer should have pointed this out as a possible problem.


My sale and purchase agreement has the water tank listed as owned and not rented.
Sounds like a slam dunk, find out cost from Reliance to buy out the tank and register at small claims court. I would bet the seller will settle before the court date. The seller is just calling your bluff, he can't win this.


Isn't this sort of thing what we pay lawyers for when we buy and sell a home? Should newster's lawyer not be the one handling this?

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PostPosted: Wed Mar 07, 2018 3:48 pm 
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Quote:
Isn't this sort of thing what we pay lawyers for when we buy and sell a home? Should newster's lawyer not be the one handling this?


my lawyer was working with the sellers lawyer until a point - when reliance said that they did not bill the seller for 2 years and will not back bill them but they will bill me because i called in for service soon after i moved in since there was Carbon monoxide poisoning in the house. at this point the sellers lawyer said case is closed from our end and there is nothing more they want to do in regards to this.

by the way while i was calling reliance for service the rep told me that the current monthly rental was $29 and now they are charging me $50, is Reliance trying to make for the loss(2 years when they did not bill the seller) by billing me $50 or is that a standard rate ?

Thanks


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PostPosted: Wed Mar 07, 2018 4:21 pm 
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Your lawyer sucks. How do you know there was carbon monoxide in the house? Are your detectors going off all the time? If so, you should get out!! If it is intermittent chirps, it's most likely the unit is dead or you need a new battery.


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PostPosted: Wed Mar 07, 2018 4:24 pm 
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Burrcold wrote:
Your lawyer sucks. How do you know there was carbon monoxide in the house? Are your detectors going off all the time? If so, you should get out!! If it is intermittent chirps, it's most likely the unit is dead or you need a new battery.


after i moved in I was experiencing mild headaches and was smelling some natural gas, i called union gas who came and verified there was CO in the house because of the water tank, Union gas shut off the supply and "A" tagged the tank, the gas was only switched on after the situation was rectified


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PostPosted: Wed Mar 07, 2018 5:01 pm 
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this is bit more complicated case. We do not have all the facts.

Not sure why you are being charged $50.00. We do not know the size of the tank. You are being billed higher amount because you called in for service, not likely.

You may want to get more details as to why you have to pay $50 and not less. Ask Reliance for more details.

It is also possible that you could have signed up a new agreement with Reliance when the technician showed up.


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