Is an inspection booked online covered by Ontario consumer law?

When you book a home inspection through a website, the Consumer Protection Act, 2002 may apply to that transaction, but whether it does depends on how the agreement is classified, and that is a question for a lawyer rather than something this site can settle for you.

What the Act says about online bookings

Section 9 of the Consumer Protection Act, 2002 deems services supplied under a consumer agreement to be of a reasonably acceptable quality, and any term in the contract that tries to negate that is void. Section 10 says that if the agreement includes an estimate, the supplier cannot charge more than 10 per cent above it. Those two provisions apply to consumer agreements.

Beyond that, a booking made through a website over $50 may qualify as an "internet agreement" under the Act, which triggers disclosure and copy requirements before and after the transaction. A booking made in person at the property may qualify as a "direct agreement," which carries a 10-day cancellation right after you receive the written copy. We found no regulator that has specifically said home inspection bookings fall into either category, so the classification of your particular booking is a legal question.

A few things worth knowing before you sign anything:

• The Office of Consumer Affairs recommends getting a written contract that lists the items to be inspected, the report deadline and the total cost before work begins.
• Ontario.ca suggests getting quotes from more than one inspector.
• Ask whether the inspector carries insurance, and ask for the details in writing.
• If the agreement contains a clause limiting the inspector's liability to the inspection fee, whether that clause is enforceable is also a question for a lawyer.

On complaints: ontario.ca's consumer complaint page notes that the Ministry may not be able to help with quality complaints beyond the basic guarantees in consumer protection law, or with complaints older than two years.

The Consumer Protection Act, 2023 is not yet in force and gives no rights at this time.

If you want to reach Ottawa home inspectors directly, the request form on this page sends your details to inspectors listed in the Ottawa Construction Network directory.