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Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Carpet Stain Insufficient to Allow Buyer to Walk Away

November 2, 2019 - Updated: November 2, 2019

 

Carpet Stain Insufficient to Allow Buyer to Walk Away
 

In a recent case, the Divisional Court of Ontario had to hear an appeal from a case, where the Buyer claimed that she was not obligated to complete the transaction.
 

The reason, apparently, was that the “carpet was stained”.
 

In Ashrafi v. Carraro on 31 October 2019, the Divisional Court concluded that a stain on the carpet would be insufficient.

 

Naturally, this was an appeal from Small Claims Court, otherwise the Superior Court of Justice (Divisional Court) would never have been considering such a claim.
 

How did the case get there?
 

Actually, the trial Judge in Small Claims Court made a mistake. She failed to give credit in the calculation of the Seller’s damages for the deposit. There are numerous cases on point going back to 1840, and as recently as last week in the Ontario Court of Appeal in Azzarello v. Shawqi. On that point, the Buyer was successful on the appeal.
 

So, now we know “for sure”: if there are stains on the carpet, the Buyer will still have to close the deal.
 

Brian Madigan LL.B., Broker

www.iSourceRealEstate.com


Tagged with: contract breach of contract carpet stain remedies ontario law
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Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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