Question:
On a final walkthrough, can you run the appliances and test the mechanicals to see if they are in good working order?
Answer:
You are not allowed to touch anything at all. Don’t touch or try to test any of the appliances unless, of course, you specifically wrote this into the APS. I do appreciate that everyone wants to run the washing machine, but, you have absolutely no permission if you are simply relying on the Harkness v, Cooney case.
In the Harkness v. Cooney case, the issue involved the right to “terminate” based upon “substantial damage”. So, testing the appliances and figuring out that one of the buttons doesn’t seem to work properly isn’t even close. How much damage do we need for it to be substantial enough to permit termination of the transaction? A million dollar house with a $2,000.00 fridge would at best be 0.02% of the purchase price. Not close to qualifying as substantial!
Brian Madigan LL.B., Broker