B.C.’s Civil Resolution Tribunal has ordered the former owners of a house to pay $3,169 in repair costs for a heat pump to the new occupants.
In a May 21 decision, tribunal member Deanna Rivers said Matthew Huen and Mi Jia Gao bought a home from Jamil Mattar, Nada Mattar, and Jad Mattar.
Rivers ultimate found there was a breach of contract and ruled in favour of Huen and Gao.
Huen and Gao said the heat pump was not working on the possession date, in breach of the purchase and sale contract. The pair claimed the repair amount.
The Mattars said the heat pump was working on the possession date.
Rivers said the Mattars said Huen and Gao did a final walk through of the home on Jan. 16, 2024, and did not mention the heat pump. They also told the tribunal the heat pump was working on the closing date.
“They also argue that if the heat pump was not working, faults with mechanical equipment can occur at any time, and the heat pump failure occurred after the applicants took possession of the property,” Rivers said.
Huen and Gao said when they arrived at the home Jan. 19, 2024, the heat pump would not heat above 15 C.
Flooring contractor Jun Tan’s witness statement said he was at the home that day to measure the floors, and noticed the heat in the unit was not working.
“Text messages between the parties’ realtors confirm that the applicants told their realtor on Jan. 19, 2024, that the heat pump was not working,” Rivers said. “The respondents’ realtor texted back that the respondents said they were not liable for the heat pump.”
The building’s designated contractor, Quick Cool Heating and Air Conditioning (Quick Cool), was called in.
“Quick Cool’s Jan. 23, 2024 service invoice says it was called for service due to ‘heat pump not working,’” Rivers said. “The invoice noted a suspected refrigerant leak and listed the freeze sensor protection measurements.”
The next day, Quick Cool provided an estimate to cut the drywall to access the heat pump, disconnect the electrical/ductwork/plumbing, deliver the unit for testing, and locate the leak.
Quick Cool’s Feb. 2, 2024 invoice of $2,418.32 noted it cleaned the COAX heat exchange, replaced the capacitor, topped up the refrigerant, and reconnected and started the unit.
A construction firm’s invoice to fix drywall and to paint was $577.50.
Rivers said the fact the applicants' realtor was advised, the flooring contractor noted a lack of heat and Quick Cool attended to diagnose the problem proved it was more likely than not that the heat pump was not working properly on the day Huen and Gao took possession of the property as required by the contract of purchase and sale.
Rivers found the Mattars in breach of the contract.
She ordered the Mattars to pay $3,169.07 as reimbursement for the heat pump repairs as well as $189.03 in pre-judgment interest.
