What belongs in a written home inspection contract in Ontario?

We found no Ontario rule in force on what a home inspection contract must contain; the Home Inspection Act, 2017 would require a written contract, but it has not been brought into force. The federal Office of Consumer Affairs advises asking for a written contract before work starts that spells out the items to be inspected, the report deadline, and the total cost.

Beyond that starting point, the Office of Consumer Affairs suggests confirming in writing whether the inspector carries professional liability insurance. Ontario.ca adds that you should ask to see accreditation showing the inspector's training and experience, and to see a copy of the inspection report they use.

A few things are worth watching for in whatever contract you are handed:

• Scope: the contract should list which systems and areas will be examined, so you know if anything is excluded.
• Report: it should say when the written report will be delivered and in what form.
• Fee: the Office of Consumer Affairs says the total cost should be stated before work begins. Under the Consumer Protection Act, 2002, if the contract includes an estimate, the final charge cannot exceed that estimate by more than 10 per cent.
• Insurance: ask whether the inspector carries errors and omissions coverage or general liability, and ask for the details in writing. Ontario.ca notes that inspectors are not required by law to carry insurance, but many do.
• Limitation clauses: if the contract limits the inspector's liability to the inspection fee, we found no rule on whether that holds in Ontario; that is a question for a lawyer.

One more thing to know about the contract itself: if you book online, the agreement may be an internet agreement under the Consumer Protection Act, 2002, which carries certain disclosure requirements. If you sign it in person at the property, it may be a direct agreement with a 10-day cancellation right after you receive your written copy. Whether either category applies to your situation is something a lawyer can confirm.

The inspector is the right first call to get the contract wording in advance so you can read it before the day of the inspection; your lawyer is the right call if any clause in it raises a question you cannot resolve with the inspector directly.