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买房惊查热水器合约
New homeowner shocked to discover a furnace rental contract

由于背负房贷会导致业主经济负担加重且债务水平升高,购房置业会给人们带来额外生活压力。毋庸置疑,在购房合同成交后买主惊察不曾承担的热水器租赁合约可令新业主胆战心惊。

Buying a home can be a stressful life event. Mortgage loans add to household debt, causing extra financial burdens to homeowners.  Undoubtedly, an un-assumed furnace rental contract discovered by homebuyers after closing can leave them terrified. 


Andrew Liu是多伦多的新业主,他在搬进新家几周后,就收到一家热水器和空调租赁公司发来的账单。他震惊地发现前房主曾与该租赁公司签订了长达十年的租恁合约,而他每月需要为此支付$100元外加税费的设备租金。

Andrew Liu is new homeowner in Toronto. A few weeks after moving into his new home, he has received a bill from a furnace and AC rental company. Liu shockingly discovered that his home had locked into a 10-year lease contract with the rental company that requires him to pay $100+tax per month for the equipment rental.


Liu感到难以置信,因为他的购房合同已经标明热水器和空调都包含在购房款中,并且合同中也未曾提及他会自然地接受卖家签订的任何房内设备租赁合约。

Liu can hardly believe it. His home purchase agreement clearly states that furnace and AC are all included in the home purchase price. Nowhere in the contract indicates that he has assumed the rental contract of any fixers in the home.


此外Liu还发现,卖家是在购房合同成交日期前几天签订的该租恁合约。Liu在联系租赁公司后被告知如果他想要买断相关设备,他需支付包括设备价格和违约金在内的$10,000元。

Liu also found that the contract was signed by the home seller a few days before the closing date. Liu contacted the rental company and was told that if he wanted to buyout the equipment, it would cost him $10,000 – including the price and the penalty.


Liu气愤地称:“我认为卖家在购房合同中弄虚作假,以此误导我接受该租赁合约。”

“I think that the seller lied in the home buying contract and misled me into assuming this rental agreement,” says Liu angrily. 


Liu称他曾试图寻求房地产律师和售房经纪人的帮助,但都最终未果。Liu目前的选择只能诉诸法庭了。

Liu’s effort of seeking help from his real estate lawyer and the selling agent turns out to be fruitless.  Liu’s only option now is to sue in court. 


实际上,小额索偿法庭以往曾处理过类似案例。

In fact, small claims court has taken similar cases over the past.


《多伦多星报》此前曾报道过房屋买家与卖家间就家庭报警系统所发生的租赁合约纠纷。这起纠纷源于相关租赁合约并未列入购房合同中的租赁项目,而买家断然否认曾被告知存在该合约。

Toronto Star has reported a dispute over rental contract of alarm system between a homebuyer and seller. The contract was not listed as a rental item in the home purchase contract, and the buyer denied to have been made aware of the existence of the contract.


尽管房地产经纪人在法庭证词中称买家应自然接受该租赁合约,但法庭却发现购房合同却不支持经纪人的说辞。最终法庭接受了买家的证据,认定他对相关租赁合约及每月服务费用一无所知,并因此作出了有利于买家的裁决。

The realtor who prepared the contract testified in court that it was his understanding that the buyer would take over the rental contract, but this statement is not supported by contract provisions. The court accepted the buyer’s evidence that he knew nothing about either the contract or the monthly payment for the service, and ruled in favor of the home buyer.  


法律专家表示,从卖家继承了从报警系统到热水炉租赁合约的买主,在签署购房合同时必须了解相关合约。

Homebuyers who assume sellers’ contract obligations -- from alarm systems to furnaces -- must be made aware of these contracts at the time of signing home purchase agreement, say leg experts. 

 
在通常情况下,租赁的热水器或其他设备都会贴有标签说明其是租用,并且相关费用也会体现在业主的水电费账单中。但是如果碰到像Liu这样的新签租赁合约,买家往往难以察觉。

Usually a rental furnace or other system will have a sticker on it stating it’s a rental, and the costs will also show up on homeowners’ utility bills. But if the rental agreement is new like in Liu’s case, it is difficult for a buyer to find out.


卖家应当披露假定买家接受的所有合同细节,否则他们将会面临向刘这样的买家发起的一场艰巨法庭战役。

Sellers should disclose the details of every contract to be assumed by the buyer. Otherwise, they would face an uphill legal battle from buyers like Liu in court.
 
 
 

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