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Hiring Someone: Difference between revisions

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If you hire someone to perform a service, there are some additional legal issues to consider beyond those when you [[Making a Purchase|make a purchase]].
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If you hire someone to perform a service, there are some additional legal issues to consider.


== Your legal rights ==
== Your legal rights ==
Suppose you hire someone to do improvements on your home. You have entered into a '''contract''', a legally recognized agreement.  
Suppose you hire someone to do improvements on your home. You have entered into a '''contract''', a legally recognized agreement.  


Similar to when you make a purchase, both you and the party you hire have legal rights and obligations:
Similar to when you make a purchase, both you and the <span class="noglossary">party</span> you hire have legal rights and obligations:
* The other party is not allowed to mislead you to convince you to hire them. For example, a plumber isn’t allowed to say that your shower needs replacing when it only needs a new washer.
* The other <span class="noglossary">party</span> is not allowed to mislead you to convince you to hire them. For example, a plumber isn’t allowed to say that your shower needs replacing when it only needs a new washer.
* The other party is not allowed to act unfairly towards you or knowingly take advantage of you. For example, a contractor who knows that you just bought your first home and are financially stretched can’t press you to do a luxury kitchen renovation that they know you can’t afford.   
* The other <span class="noglossary">party</span> is not allowed to act unfairly towards you or knowingly take advantage of you. For example, a contractor who knows that you just bought your first home and are financially stretched can’t press you to do a luxury kitchen renovation that they know you can’t afford.   
* With some service contracts, you can change your mind during a “cooling-off period“. For example, if you hired a house painter after they came to your door to seek your business, you have 10 days after you receive a copy of the contract to cancel it.  
* With some service contracts, you can change your mind during a "'''cooling-off period'''". For example, if you hired a house painter after they came to your door to seek your business, you have 10 days after you receive a copy of the contract to cancel it.  


In addition, the law says that when you contract with someone to perform a service, the person you hire must:  
In addition, the law says that when you contract with someone to perform a service, the person you hire must:  
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==Getting a written contract==
==Getting a written contract==
When you hire someone to perform a service, it is best to have a written contract that is clear about what you have agreed.  
When you hire someone to perform a service, it is best to have a [[Making a Contract|written contract]] that is clear about what you have agreed.  
[[File:Consumer_Law_-_Contents2.png|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]


The contract should include this information:  
The contract should include this information:  
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* detailed breakdown of the cost (including labour, any materials used, and taxes and fees)  
* detailed breakdown of the cost (including labour, any materials used, and taxes and fees)  
* how and when payment will be made  
* how and when payment will be made  
* what will happen if you and the other party cannot agree  
* what will happen if you and the other <span class="noglossary">party</span> cannot agree  


The wording dealing with what will happen if you and the other party cannot agree does not need to be complicated. You could say something like: <BR> <BLOCKQUOTE>''If we have a disagreement under this contract, we will first try to resolve it with the help of a mediator. We will each pay half of the mediator’s fees."
The wording dealing with what will happen if you and the other <span class="noglossary">party</span> cannot agree does not need to be complicated. You could say something like:  
 
::''"If we have a disagreement under this contract, we will first try to resolve it with the help of a '''mediator'''. We will each pay half of the mediator’s fees."''


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