Missing Dishwasher: Vendor Leaves Province

Question:

If a built-in dishwasher, which would be classified as a fixture, was removed, and it was in the agreement, but the sellers moved out of the Province, who is responsible and what will be done? 

Answer:

Likely, nothing will be done.

The Sellers are responsible, but they are gone. So, there’s no one to sue.

The lawyer is not responsible, nor is the Listing Agent. I would suppose that they would be upset too.

A missing link in the Agreement of Purchase and Sale is that the Buyers may not have the Sellers’ new out of town address.

In any event, a civil claim could be instituted in Small Claims Court. The difficulty is that you have to serve the documents upon the Sellers.

Let’s assume, that they moved to Winnipeg and the Buyers have the address. Once served with the Court documents, they have to defend it in Ontario. Ultimately, the Buyers should be successful and obtain a Judgment. It’s not much good in Ontario unless the Sellers still have assets here.

Pursuant to the Reciprocal Enforcement of Judgments Act, it can be transferred to Manitoba and enforced there, meaning that the assets of the Sellers could be seized and their wages and bank accounts garnisheed etc.

This Act applies throughout the 10 Provinces and most of the individual States in the United States.

The reason why nothing is likely to happen is that a brand new dishwasher costs $1,000.00, so this would have to be a matter of principle.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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