Kelowna seller who left home with leaky toilet, overgrown yard, on the hook $4K
A Kelowna home seller who left his home with a leaky toilet, an overgrown garden, and a busted irrigation system, is on the hook for $3,947 after the buyer took a complaint to the small claims court.
According to a July 17, BC Civil Resolution Tribunal decision, in the spring of 2022 Daniel and Amanda Kerr bought a home from Trevor Michalkow and had a building inspection done.
The inspector uncovered a few issues, including that the bathroom toilet was leaking and had damaged the floor and the ceiling below.
The buyers and the seller amended their contract giving Michalkow a few months to fix this before the Kerrs took possession.
However, three months later during a final walkthrough, the couple noticed multiple things still wrong with the property.
They then headed to the online small claims court arguing for $4,900 to cover the cost of fixing the issues themselves.
READ MORE: BC home seller didn't clean like they said they would: ordered to pay $3,500
The priciest fix was the leaky toilet.
In his defence, Michalkow blamed the buyers and their realtor saying the leak was caused by them tampering with the toilet during the walkthrough.
"I find this explanation unlikely as the ceiling was already wet," the Tribunal ruled.
The seller submitted an inspection invoice from Joe Harman of Stutters Restorations that said only a one-foot section of wet ceiling was found and no mould.
"I put little weight on the former conclusion because it is not clear on what date Joe Harman attended and whether they were able to see into the space between the toilet and the ceiling below," the Tribunal ruled.
The Tribunal also dismissed the restorator's invoice saying there were no photos included and it wasn't dated.
In contrast, the Kerrs submitted evidence from a contractor who repaired the bathrooms and said the leak had been present for a while and caused mould to grow beneath the toilet.
The contractor replaced floors, did plumbing repairs, and fixed drywall at a cost of $2,700.
The second issue was the irrigation system which Michalkow had agreed would be working properly.
However, it wasn't and it cost the Kerrs $500 to fix.
READ MORE: BC couple return pricy pooch over owie foot, then sue
The next issue was the yard, which the contract stated would be in the "same or better standard as viewed by the buyer."
However, the couple said the garden beds were overgrown with weeds to waist height.
The seller argued the couple saw the house in March before the natural grasses and vegetation were out of the ground.
"He says much of the yard is left in its natural state. He says the lawn, flower beds and vegetable garden were groomed and left in good condition," the decision reads.
However, the Tribunal wasn't convinced.
"I agree with the (sellers) that landscaping will look different in the summer compared to the early spring. However, I do not agree that the gardens were left groomed and in good condition," the Tribunal ruled.
The Kerrs wanted $1,000 to cover the landscaper's bill.
However, the Tribunal ruled that $1,000 bill for one day was too high and that some of the weeds were probably pre-existing but dormant.
The Tribunal said $300 is a more reasonable figure.
READ MORE: BC strata that ignored water issue for decade ordered to pay condo owner $12K
The couple also claimed $114 for a broken bathroom light.
Michalkow argued the cleaners must have broken it before the Kerrs took possession.
Again, the Tribunal didn't buy it.
"I find it unlikely that they would fabricate a broken light fixture to be reimbursed for an inexpensive replacement," the Tribunal ruled.
While the couple tried to claim $400 for a broken air conditioner, the Tribunal said due to its age it was likely broken when they viewed the property.
Ultimately, the Tribunal found Michalkow had breached the contract in multiple ways and ordered him to pay $3,947.
To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.
We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here.
