BC home seller didn't clean like they said they would: ordered to pay $3,500
A BC couple who promised when they sold it their home would be clean at time of possession, are on the hook for $3,500 after the new owner sued over stained carpets and junk left in the garage.
According to a July 10 BC Civil Resolution Tribunal decision, Ajay and Sunita Kaushal's real estate contract specified that their house would be in "clean condition" when the new owners moved in.
However, when Bruce Guenther and his family arrived at the undisclosed property to move in, they found stains on the carpet, along with dirty floors, walls, windowsills, and appliances. The garage was also full of junk.
Clearly unimpressed, new owners then sued for $3,600.
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In the decision, the Kaushals said they tried "to keep the property as clean as it could be" and steam cleaned the carpets before moving.
The Guenthers provided photos of the dirty home along with witness statements from their realtor, and family and friends describing the home’s condition on moving day.
The Kaushals argued the photos aren't time stamped so shouldn't be used and the MLS listing photos depict the home’s condition.
The Tribunal dismissed the argument, pointing out that the MLS listing photos weren't taken the day of the move, and that metadata on the Guenther's photos showed they were taken immediately after possession.
The new owners claimed $1,254 for 33 hours of cleaning at $35 an hour, which they'd paid a cleaning firm.
The Kaushals say it should have taken three to four hours for a professional cleaner, but didn't provide any evidence to support their claim.
In an effort to deal with the stains the new owners tried to remove them using professional cleaners and rented a carpet cleaner.
The previous owner says they should have contacted them and they would have cleaned the stains themselves. They argued the Guenthers didn't mitigate the issue properly and they shouldn't have to pay.
The Tribunal disagreed, stating that once the Guenthers took possession of the home the contract came into play and the Kaushals don't get a further opportunity to address issues left by them.
With the stains unremovable, the Guenthers bought a new carpet. They argued the Kaushals should pay 50% of the cost.
The Tribunal agreed.
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"I find they made reasonable efforts to mitigate their loss by trying to clean the carpets, both on their own and with professionals. When that was unsuccessful, I find their decision to replace the stained carpets was reasonable," the Tribunal
The new owners also argued the sellers left junk behind including paint cans, planters, a used fridge, area rugs, wall hangings, gardening supplies, a wheelbarrow, a dilapidated step ladder, "and more."
The Kaushals said the new owners never contacted them to say they didn't want the items left behind, saying that they'd agreed via a series of text messages that some items would be left behind.
"However, nothing in the text messages shows the (buyers) agreed to any of the other items left by the (sellers)," the Tribunal ruled.
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Ultimately, the Tribunal ruled the Kaushals to pay the Guenthers $3,468 to cover the cost of cleaning, dump runs, half the price of the carpets plus interest and fees.
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