Home Trust Company (HVAC dealer-finance) and Your Ontario HVAC Contract
A consumer finance arm that has acted as assignee on Ontario door-to-door HVAC contracts, including agreements with NOSI registrations identified in CBC Marketplace coverage.
Home Trust Company has acted as the assignee or registered secured party on a number of Ontario door-to-door HVAC contracts, including agreements flagged in CBC Marketplace's coverage of NOSI and lien practices. Home Trust did not originate these sales — the underlying contracts were sold by separate installer organisations and then assigned for financing.
Under Ontario law, when an underlying agreement is challengeable because of how it was sold, the rights of the assignee are no greater than the rights of the original seller. A contract held or financed by Home Trust can still be addressed.
Our position is not that Home Trust engaged in wrongdoing at the original sale. Our position is that the underlying agreement may have been unenforceable from the start under the 2018 amendments.
Also known as: Home Trust.
What These Contracts Typically Look Like
- Long terms — typically 10 years or more
- Home Trust as assignee or registered secured party on title
- Total obligations far in excess of the equipment's installed value
- Buyout amounts that remain high
What We Hear from Homeowners
- Discovery that Home Trust is the secured party on a NOSI or other registration tied to HVAC equipment
- Difficulty obtaining clear answers about how to discharge the registration
- Buyout figures disproportionate to the equipment's value
Which 2018 Amendments Are Likely to Apply
The 2018 amendments to Ontario's Consumer Protection Act identify several practices that can render an HVAC agreement unenforceable. Where the underlying agreement (now held by Home Trust Company (HVAC dealer-finance)) was originated through any of these practices, the same conclusions apply:
Unconscionable Pricing
Pricing set in the original agreement remains subject to the 2018 amendments after assignment.
Unsolicited Contact
If the original sale was at the door, the agreement may be unenforceable, and that conclusion travels with the contract.
Misrepresented Energy Savings
Misrepresentations made at the original sale remain part of the contract record.
Only one of these grounds needs to apply for the agreement to be challenged successfully.
What to Do If Home Trust Company (HVAC dealer-finance) Is Collecting on Your Agreement
- 1Locate the original installer agreement, not just Home Trust correspondence.
- 2Pull a title search to confirm Home Trust as secured party.
- 3Photograph the data plates on the installed equipment.
- 4Let us address Home Trust and the original installer on your behalf.
- 5Book a free, confidential review.
Public Record
You do not have to take our word for any of this. The pattern is well documented in:
- CBC Marketplace, "Hidden liens on homes" (2018) — Home Trust referenced as secured party
Is the Underlying Agreement Behind Your Home Trust Company (HVAC dealer-finance) Statements Enforceable?
If Home Trust is the assignee or secured party on your home equipment contract, the underlying agreement may still be challengeable.