A BC realtor faced the music in a legal fight after being accused of selling a home with faulty appliances in breach of the sale contract.
In a publicly posted decision, Sally and Steven Nicholls brought a legal fight against Kevin Huynh in a BC Civil Resolution Tribunal dispute.
They also suggested that the house was dirty when they took possession and claimed $5,000 for replacing the appliances and cleaning the property.
In defence, Huynh said the applicants bought the house without inspection, so he wasn’t responsible for appliance replacement costs. The tribunal didn’t agree, due to the terms of the contract.
The Nicholls purchased the home on May 25, 2023, as the completion date for the sale; they took possession the same day.
According to the contract of purchase and sale, the price of the home, which the tribunal didn’t disclose, included a fridge, stove, dishwasher, washer, dryer, microwave, blinds and window coverings, and keys.
The contract also stated, “any appliance or mechanical items included in this contract are used and not warranted by the Seller but must be in working order upon possession.”
Upon taking possession, the Nicholls noticed that the fridge, stove, dishwasher, washer, and dryer weren’t working and could only afford to replace the washer and dryer immediately.
They could only claim $5,000 at the tribunal but actually paid around $7,000.
A video the applicants took just days after taking possession of the home showed a constant beeping noise coming from the fridge. In the video, Ms. Nicholls explains that “the fridge is warm and that she cannot adjust the temperature.”
In another video, she shows that the stove burners wouldn’t ignite.
In addition to these issues, the dryer didn’t dry any clothing, and when they tried to use the washer, it started to smoke.
Huynh suggested that everything was actually in working order but had no evidence to support that claim.
“The respondent says that it does not matter if the appliances were not working, because the applicants agreed to buy the house without an inspection. I disagree,” the tribunal member overseeing the case said.
Ultimately, the tribunal sided with the new homeowners, and the BC realtor was ordered to pay $5,317.37, which amounted to $5,000 in damages plus tribunal fees.