A Vernon couple have been ordered to pay $5,000 to the new owner of their home after he noticed a burning smell on the day of possession.

According to a May 27 BC Civil Resolution Tribunal decision, new homeowner Charles Young “immediately” noticed the smell, along with his realtor, on the day he took possession of Wayne and Susanne Hoover’s home. A contractor found that the furnace was broken and replaced it for $6,400.

Young asked the Hoovers to cover the cost, but they refused. He then took them to the online small claims court.

“I have found that the Hoovers’ representation of the furnace was untrue,” The Tribunal ruled. “I am also satisfied that the Hoovers failed to take reasonable care in making the misrepresentation.”

The decision said of the day possession, Young and his realtor noticed the smell “permeated the house” and appeared to be coming from the basement and mechanical room.

Young hired a contractor to investigate, who found that the furnace fan had seized and the motor wasn’t working properly, which was the source of the smell.

The contractor said the motor had been discontinued, and no aftermarket replacements were available. The only option was to find a used one or replace the entire furnace.

Through his realtor, Young told the couple the furnace was broken, and he wanted compensation.

However, the Hoovers’ realtor wrote back, saying the couple weren’t responsible.

“Mr. Young offered to let the Hoovers inspect the furnace themselves,” the decision said. “The Hoovers did not take the opportunity to do so.”

In his submission to the Tribunal, Young got a second opinion from another contractor who diagnosed exactly the same issue. The furnace was then replaced for $6,453.

In their defence, the Hoovers argued they’d done a walkthrough of the house on the morning of the possession date without noticing any issues. They also said there was a home inspection, but the report wasn’t submitted to the Tribunal.

There are no details about whether Young got a home inspection, and if so, what it said.

The Hoovers argued that Young had only complained about the furnace one year later.

“The emails show this was untrue,” the Tribunal ruled.

The Hoovers then said they didn’t hear about the furnace for over a month after the sale was completed.

“While less inaccurate, this statement is also untrue,” the Tribunal said.

The Tribunal pointed out that the Hoovers’ realtor had told them about the furnace issue days after the sale.

“I therefore put little weight on the Hoovers’ submission that the furnace was working as of the possession date, or that they took steps to ensure that was the case,” the Tribunal said.

The Tribunal said that the real estate contract for the property’s sale stated the furnace would be in working order on the possession date.

“I find the Hoovers made a negligent misrepresentation,” the Tribunal ruled.

Ultimately, the Tribunal ordered the couple to pay Young $5,000, the maximum amount of compensation available at the Tribunal.