Contract defence

Mr. Purchaser was looking for a condo in Toronto's hot real estate market. He had tried to buy two other properties but unfortunately lost out because each of the properties had multiple offers and sold for more than Mr. Purchaser could afford. In January 2020, Miss. Purchaser put her condo up for sale. The first day the condo went on the market Mr. Purchaser walked into the unit and loved it. Afraid that he would lose the condo again he asked his real estate agent to put in an offer for the property right away. The real estate agent told him that since the condo has only been on the market for 1 day that if Mr. Purchaser wanted the condo he would have to make the offer really good. Which meant a good price and no conditions. No condition for inspection and no condition for financing. Mr. Purchaser was a little hesitant but decided to proceed. The real estate agent drafted the contract and interested a clause saying "all appliances will be in good working order on completion of this transaction". When the offer was submitted to Miss. Seller she agreed to it and the transaction closed without any problems.

One week after moving into the unit Mr. Purchaser tried to use his washing machine. The washing machine did not work because he could not get the door to open. Mr. Purchaser called Miss. Seller and said that the washing machine was not working. Miss. Seller responded saying the washing machine works fine all he has to do is bang on the top two times, bang on the left side three times and bang on the right once for the door to open. Mr. Purchaser tried the banging method and the washing machine worked perfectly. Mr. Purchaser thought it was ridicules that he had to bang on his washing machine to get it to work and sued Miss. Seller for breach of contract arguing that the appliance was not in good working order. Miss. Seller maintains that the appliance works fine and she has been using it that way for years.

Lawyers for the plaintiff will be arguing the position of Mr. Buyer and lawyers for the defendant will be arguing the positon of Miss. Seller.