British Columbia Licensing

[Claude Lawrenson]

Greetings to BC members:
Any thoughts you would like to share, comments, concerns or information out there regarding how changes in BC will impact you and your business?

[Steve Panting]

Greetings to BC members:
Any thoughts you would like to share, comments, concerns or information out there regarding how changes in BC will impact you and your business?

We're still waiting patiently for ASTTBC to come up with a new contract.
Removal of the limits of liability clauses is going to affect everyone.
One has to wonder why the Atty. General did that. One thing for sure, home inspectors
are going to get sued long after they retire. I can't imagine how that is
somehow beneficial to consumers. It's the lawyers who are
going to be benefiting.
The new regulations stipulate the contracts can't limit the amount of damages
or the time limit for legal action. However, I am waiting to see
whether the new contracts contain an arbitration clause. If it doesn't,
I'm going to put one in

[Claude Lawrenson]

We're still waiting patiently for ASTTBC to come up with a new contract.
Removal of the limits of liability clauses is going to affect everyone.
One has to wonder why the Atty. General did that. One thing for sure, home inspectors
are going to get sued long after they retire. I can't imagine how that is
somehow beneficial to consumers. It's the lawyers who are
going to be benefiting.
The new regulations stipulate the contracts can't limit the amount of damages
or the time limit for legal action. However, I am waiting to see
whether the new contracts contain an arbitration clause. If it doesn't,
I'm going to put one in

Thanks Steve, as you likely already know most provinces already have a limitation period for protecting consumers. However, in my opinion it must strike a fair and reasonable balance for both parties in a contract.

[Raymond Wand]

Parties should remain free to contract as they see fit.
Just another government intrusion into business.

[ROBERT YOUNG]

We're still waiting patiently for ASTTBC to come up with a new contract.
Removal of the limits of liability clauses is going to affect everyone.
One has to wonder why the Atty. General did that.
I feel this whole licensing and regulations affair stems from Salgado vs Toth and the province dismantling a president and not taking the time as Ontario has to insure everything is understood.
Too bad, So Sad licensing came out of the whole mess as "the consumer" do hold a card in this sordid affair.
Its called buyer beware and take your claim to court.
They did and won.
The system works. Leave it alone.

Mr. Justice Burnyeat decided that it was incumbent on Toth to draw to Salgado's attention the "exclusion and waiver clauses" in the contract and ensure that he understood them.

Why is the ASTTBC involved?
Also, Real estate agent referrals was in the top 3 concerns during BC's consumer survey prior licensing was it not?
What a fiasco.

Yet BC, and Canada for that matter, allows the asean real investors to make owning a home for the average Canadian unattainable.

Yes, I see the FOX taking care of the hen house again.

[Steve Panting]

If the limits of liability clauses were unfair or unreasonable
don't sign the contract.
Or, try and renegotiate the offending clauses.
I have been sending out contracts before the start of the inspection
since the middle of 2008. In all that time I cannot recall a single instance
were someone objected to the limits of liability clauses or attempted to
renegotiate the terms. It's never happened.
Further, the courts have not found the clauses unfair or unreasonable
or as they like to say unconscionable. Limiting the damages
to the fee has been upheld and so has the one-year time limit
for legal action.
I concur with Ray. It really should not be for the government to decide.
ASTTBC is using their collective financial might to arrange a new contract
rather than the members doing it individually.

[ROBERT YOUNG]

If the limits of liability clauses were unfair or unreasonable
don't sign the contract.
Or, try and renegotiate the offending clauses.
I have been sending out contracts before the start of the inspection
since the middle of 2008. In all that time I cannot recall a single instance
were someone objected to the limits of liability clauses or attempted to
renegotiate the terms. It's never happened.
Further, the courts have not found the clauses unfair or unreasonable
or as they like to say unconscionable. Limiting the damages
to the fee has been upheld and so has the one-year time limit
for legal action.
I concur with Ray. It really should not be for the government to decide.
ASTTBC is using their collective financial might to arrange a new contract
rather than the members doing it individually.

I concur.

They regulated & licensed cars and drivers.
How many cars and drivers kill every day?