Steve Billinghurst feels like he’s been scammed.
But he didn’t click on a suspicious link, forward money to some third-world country or get tricked by someone pretending to be a grandchild.
What he did was agree to rent a furnace from what he thought was a local company he could trust.
It was 2018 when a technician from Abbey Air – a company that Billinghurst contracted with to take care of his furnace maintenance – said it was time to consider replacing his furnace.
Instead of buying a new one, the technician suggested he should rent a furnace and air conditioner.
But, somewhat confusingly, Billinghurst said the technician told him to cancel the contract after he’d paid off the system – somehow leaving him with the impression that he would pay a total of $10,100.
When Abbey Air salesman Rob Gill came to the house, he listened to the former Oakville firefighter’s story that he was willing to pay $10,100. And drew up an invoice showing that is what the new furnace and air conditioner would cost.
However, that invoice was marked "For Your Records Only."
The salesman also had Billinghurst sign the real rental contract, which in its eight pages of fine print explained that he would actually pay $29,594.73 over the lifetime of the contract.
The crucial part of the legal-sized document – the Residential Rental HVAC Disclosure – was folded under to match the size of the letter-sized invoice.
"I signed it, but I didn’t read all the fine print," says Billinghurst. "I have macular degeneration, so it’s hard for me."
He says the salesman also kept him distracted with questions about his days at the fire department, and even an offer to give him some fishing gear he no longer needed.
"The guy was so smooth that by the end I felt like he was kind of a friend."
After the salesman left, Billinghurst paid $162 every month to Abbey Air, which is actually a division of Enercare, a giant provider of rental furnaces, air conditioners, water heaters and protection plans.
In 2022, a news item about HVAC companies putting liens on homes with rental equipment caught Billinghurst’s attention.
When he called Enercare, they explained that his rental agreement would require him to pay for his system until 2033.
He has already paid over $11,000 and still has more than $18,000 in payments owing.
Billinghurst says he never would have signed the deal if he had understood what he was agreeing to.
"It’s crazy," he says. "Who would pay $29,500 for an air conditioner and furnace?"
Lots of people do, often as a result of confusing or misleading information, says lawyer Weston Powell, who founded Powell Litigation.
He says his firm has heard from dozens – if not hundreds – of people who have the same "familiar and sad story" related to an HVAC contract.
His first – and most obvious – piece of advice, is to avoid getting into the mess to begin with.
"You should absolutely know what you’re signing before you sign it," he says.
But if you’re already ensnared, he says you may still have some options.
Under Ontario’s Consumer Protection Act, there is some recourse for people who have been trapped by salespeople using false, misleading, deceptive or unconscionable practices.
"People do have options and its certainly worth a conversation with counsel," he said. "But you’ll want to make sure this is a fight worth fighting. They’re not all worth fighting."
By taking action in small claims court, he says his firm has found a cost-effective way for people to see these contracts rescinded, most of the time.
When Oakville News contacted Enercare about Billinghurst’s case, we received an emailed statement in response.
"We have reviewed Mr. Billinghurst’s contract and confirmed that it includes clear disclosure of the total amount payable over the term of the contract," it said. "That said, we are always working to ensure customer satisfaction and have contacted Mr. Billinghurst to address his concerns directly."
It went on to add, "We pride ourselves on operating our business with the utmost integrity and transparency. This forms the foundation for our sales practices, which include ongoing training on best practices for all of our salespeople."
Contract advice from lawyer Weston Powell:
Know what you are signing before you sign it. If you have any doubt, get advice either from a lawyer or someone you trust.
"Approach someone in your life who has an eye for detail and who can understand the words of contracts and have them explain it to you in plain English," he suggests.
Don’t succumb to pressure from a salesperson who assures you that you have a 10-day cooling off period to cancel the contract if you change your mind.
"These companies are notorious in terms of using that. But they may be difficult, if not impossible to get hold of during those 10 days."