The Seller just recently bought a brand new upgraded dishwasher. It was there in the photographs when the pictures were taken for MLS.
The Seller removes the new dishwasher and replaces it with an older model which had been present in the house for years. It’s tested and it works.
The Buyer completes the purchase and then realizes that this is a fairly old dishwasher, looks at the pictures on MLS and wants compensation.
What is the key date for the inclusion of the dishwasher:
- Date Buyer Views Property
- Date Buyer Submits Offer
- Date Offer is Accepted
- Date Agreement Becomes Unconditional
Each of these dates are significant in some way. Contractually, until recently, the easiest conclusion would be the date of the Agreement.
Now, we have the C.M. Callow v. Zollinger decision which might complicate matters. A breach of the duty of honesty in contractual agreements may involve both actions and inactions.
The newly placed responsibility upon the Seller may very well be to “speak up” and “volunteer” information about the possible issue rather than permitting the Buyer to deceive themselves.
So, does the Seller have to inform Buyers that the dishwasher which comes with the house is different than the one shown in the MLS pictures?
Brian Madigan LL.B., Broker