Our Day in Court

When we bought our house last year there was a teeny snag.  The new-ish fridge that was there when we signed the deal, was not there when it was time to close; an *old* year old fridge was there instead.  We later discovered it was manufactured in 1982, so it was a really old fridge.  One that froze our veggies in the crisper and apparently produces 400lbs of CO2 a year; it made a Godzilla sized carbon footprint.

We tried to deal with this before the closing, but the seller's wouldn't budge.  We were mighty miffed at the time since we didn't get what we bought and it was an expense we didn't want to consider.  Our lawyer suggested we go through small claims court and after some humming and hawing, we filed a claim last July.

We had our settlement conference yesterday.  I had prepared my case, thought through what I needed to say, collected my evidence (hooray for internet real estate listing with photos!) and was ready to fight.  Frankly, I was also doing this because I wanted to hold the seller's accountable, so it was also a wee exercise in revenge for making our first house purchase not so smooth. Knitter/lawyer Georgiana was very helpful too.  She helped me get to the meat of the issues and prepare and not over think things. 

We're not supposed to disclose what happened, but I will say the defendents acted as I expected and the Judge was good, fair and efficient.  I got hooked on the one thing I knew would be a problem--the age of the original fridge and the depreciated value (it's hard to document the age of something you don't have), but in the end we settled for a reasonable amount of money (about half the price of a new fridge) and I got a few other things I wanted:

We were validated in our claim (i.e. we were right)

We made them squirm a bit and got to tell them we weren't happy (i.e. a bit of revenge).

We learned some things for the next time we bought a house.

Do yourself a favour and record the serial numbers of the important appliances in your purchase agreement.  If they disappear you'll be able to prove that they were changed and the age of the appliances.  Take photos too.  I gather this kind of switcharoo happens more than you would think and while appliances are minimal in the price of a house (especially in Toronto), you want what you paid for and forking out unanticipated cash sucks.

Now we're going to go buy a new fridge.  I've been holding on to the clunker until this was over in case I needed it for some reason.  But now we can send it to the landfill where it belongs.

I have my eye on something like this:

Black (I don't like Stainless, and where the hell do you put all your notes?  They're not magnetic), freezer on the bottom, 22 cubic feet (we've suffered with tiny fridges long enough) and pretty plain (I can make ice and get water from the tap).  If any of you have any fridge recommendations, let me know, I'm new to this.

I should also say that if you've been wronged in some way (contractors, real estate, someone didn't pay you for contract work) this small claims court thing is pretty good.  It's not very expensive, you can sue for up to $10,000 and you don't need a lawyer.  I'm really not litigious, but since the sellers didn't come to us and work things out with the fridge, it was nice to have this option.

Comments

[Jacquie]

Congrats on exacting revenge!

We love our bottom freezer fridge! We waffled between black and stainless but went with stainless as our kitchen doesn't get a lot of light and the black seemed like it would darken the room way too much. We stick all our magnets and notes on the side as that's black.

Have fun shopping!

[Christina]

That looks like the exact fridge I have. It effing ROCKS. Best fridge ever.

[Molly]

Congrats!

As for the new fridge--that one looks great, but I personally like the version that's the same size and basic layout, but with double doors. Even in a big kitchen, when that wide single door swings open, it takes up a lot of space. With double doors you don't have to worry that someday you won't be able to get a new table (or whatever) because it'll block the fridge.

Just a thought, though--that fridge looks great!

[Suzanne V. (Yarnhog)]

Congrats. My husband and I (both lawyers) always encourage people to settle cases in small claims court (even if you have to take a bit less), because the absence of lawyers makes it so much cheaper, easier, and faster.

It's interesting that appliances apparently convey in your jurisdiction. Here (California), people take their major appliances with them when they sell, just like furniture.

Good luck with the new fridge!

[Kim]

Go You!!!

We bought a home and the previous owners took the fake logs out of the gas fireplace, and the bathroom mirror, and a closet rod.

All easy to fix but I didn't get it. what do you do with a closet rod?!?

Love the fridge. That's what I will replace mine with when it bites the dust.

[Cara]

YAY! Glad you had a positive day in court.

[Lori]

Good for you for going through with the claim. That was pretty rotten of the seller to pull that switcheroo.

We have that same fridge but in stainless - the sides aren't stainless so I stick a few notes there. I actually like having the front clutter-free, even though the stainless is hard to keep clean of fingerprints.

The only thing to point out with this model is to be sure the freezer door closes all the way. The basket insert is great but it's possible for stuff to get pushed out of and behind the basket and then the door doesn't close all the way, stuff defrosts and well, I have experienced this unfortunate situation more than once.

[Rachel H]

Good for you! I haven't bought a new fridge recently, but dayum I like the look of that one.

(oh, and your sweater is happily being used today. and being loved. thank you.)

[Jenny]

I have a fridge just like that but with "french doors" and I love it!

[Chelle]

Congrats Steph! Good for you for following through on this, the seller should be held accountable for sleazy behaviour.

BTW, the fridge that you like has been on my "nice to but don't yet need to" list for quite some time. Black, freezer on the bottom, no geegaws in the door...perfect choice!!

[Stephanie]

Hello, I just wanted to say that I have the fridge you're considering and can honestly say it freaking rules. Excellent choice.

-Steph

[Pam]

We had to buy a new fridge when we left our old house and moved into this tiny one (I won't go into the reasons why we had to do that - sigh). My old fridge was a built-in, so it had to stay (I should have brought my commercial oven, though). I digress. After a lot of research, we bought an LG from Sears. It's similar to the one you pictured, except ours is white (it matches the kitchen - the stainless isn't stainless, it's aluminum, which is why magnets won't stick), has french doors, and also has the water in the door. I wanted the one with water and ice, but it was too large for the space available. We love it, and it cost less than other brands with similar features. For the money spent, it was the best value, and Consumer Reports gave it an extremely high rating.

[Knittripps]

I think it is sad that the original seller would do such a thing. I am sure it happens more often than you might think but it would never even occur to me to do that!

[denny mcmillan]

we gots a Kitchen Aid fridge,with a freezer on the bottom. The kids thought it was their very own ice cream store. I have found that K.A. to be a good brand. We have a stove,and dishwasher.Our dishwasher just died (it was 17 years old). It was a good dishwasher.sniff sniff My Aunt had one for 25 years.
Cheers. I'll meet you in the kitchen dept. Chow

[Georgiana]

I was thinking about you guys yesterday... so glad that you managed to make the system work the way it's supposed to!

[Pat]

Hey, that's my fridge. I went black too with the freezer at the bottom. I do like it but not enough freezer room. I have a deep freeze so I just put most of my stuff in there. It also gets dirty fast. I'm always wiping it down. But I think all fridges are like that.

[Andrea]

Congratulations and have fun fridge shopping. I love the one you picked out but I would be so afraid of it being top heavy and falling over. And because I worry about it, even if it's not rational, it will happen to me.

[Andrea]

Congratulations and have fun fridge shopping. I love the one you picked out but I would be so afraid of it being top heavy and falling over. And because I worry about it, even if it's not rational, it will happen to me.

[claudia]

Nice job. Its the best feeling in the world to WIN, especially when you are in the right.

[Lori in Michigan]

Congrats on victory over evil!

I *LOVE* my Amana freezer on the bottom fridge! Mine is about 8 yrs old and runs great. The freezer has a pullout basket.
We spend 98% of our time in the refrigerator, doh! Just makes more sense to have the freezer out of reach. I originally bought it when I had a bad back and just that little bend to reach what's behind something in the typical fridge caused great pain for me then. Now, it's such a cinch to see what you want, organize and wash out! Plus, I can sit on teh floor to sort out or clean the freezer. Works both ways! Go for it!

[JoVE]

When we checked it out the fridges with the freezer on the bottom are way less energy efficient. But the NRCan website has a handy dandy listing of all kind of appliances in order of most energy efficient. Mat just printed out a list of the top bunch on the list and chose amongst those. (We buy cars like this, too.)

[kmkat]

Good for you! We are about to enter the small claims court realm for our heating system, which hasn't working properly since we got it. A friend who used to work for the installation company has told me some horror stories about the owner -- he pulled a gun on one of his employees -- so we are going about the whole thing very carefully.

[not an artist]

I think you've seen our fridge -- its a Kitchenaid double-door fridge, pull-out freezer one. Ours is a monster at 25 cubic feet, but I really do love the double doors. And the fact that it held an entire turkey, leftover stuffing & casserole, AND a full case of beer at christmas. With room left for eggnog!

We picked stainless because it is perceived as "high end" and since we plan to re-sell within 5 years it seemed like better added value (not an issue for you since I think you plan to stay for longer!). I also found that black showed WAY more fingerprints than the brushed-finished stainless we picked, although even it is still not perfect. We have solved this problem by using lower lighting ;)

[not an artist]

I think you've seen our fridge -- its a Kitchenaid double-door fridge, pull-out freezer one. Ours is a monster at 25 cubic feet, but I really do love the double doors. And the fact that it held an entire turkey, leftover stuffing & casserole, AND a full case of beer at christmas. With room left for eggnog!

We picked stainless because it is perceived as "high end" and since we plan to re-sell within 5 years it seemed like better added value (not an issue for you since I think you plan to stay for longer!). I also found that black showed WAY more fingerprints than the brushed-finished stainless we picked, although even it is still not perfect. We have solved this problem by using lower lighting ;)

[not an artist]

huh. I broke your comments!

[knittingnurse]

Good for you! I'm not into the "I'm taking you to court" thing either BUT there is a time and place for it and you were right. Good for you!

I have to say that I happen to love my wonderful water through the door thing. With an 11 year old it so helps to NOT have the door opened a gazillion times a day.

Congrats again!

[cari]

Good for you!

Stainless appliances. The avocado and maize of our age. I'm sick of seeing it, and of course that's what was in the new house when we bought it and so that's what we're living with. Luckily our fridge is some kind of faux stainless so we can still use magnets.

[Romi]

Yay you! Enjoy your new fridge. :)

[Helen]

Yay.
I've done small claims court once too... and we won. It's a good thing.
But we have what certainly LOOKS like a stainless steel fridge, and magnets work on it. You might want to just take a magnet into the store with you when you go so you can check...

[Dawn in NL]

We will be buying a new fridge freezer soon too. My first consideration is the energy use grading (and size), but do consider getting a well insulated fridge, electricity is only going to get dearer.

Having the freezer on the bottom strikes me as sensible - heat rises.

Enjoy your victory.

[vanessa]

steph, our new fridge looks exactly like the one in the photo (except white). LOVE it, esp. the freezer on the botom.

[Seanna Lea]

I really wanted a freezer in the bottom-style when I had to get a new fridge last year, but we just didn't have space for it.

Though what I truly want is a chest freezer. I want to be able to cook like a demon over the weekend and put together meals for a week or more at a time. Something for when we upgrade from our condo.

[Ricky]

Congrats on your success in court and for standing up for yourself.

Regarding the fridge, that picture looks very much like the Kenmore fridge we have from Sears. We like the layout very much. Be forewarned that new, energy smart fridges are noisier than older fridges (due to less coolant used, I'm told). It only happens at a certain point in the cycle but it takes getting used to if you live in a very quiet house.

[Peg in Kensington]

Freezer on the bottom is excellent. We bought an Amana which we like a lot.

[christine]

(Sorry--catching up on my reading)...my vote's for freezer on the bottom, too--it's more expensive, but you will NEVER regret the convenience of not having to stoop every time you open the fridge! Clear bins and shelves are nice, too, for spotting things lurking in back corners...

[martin m.]

stainless is not magnetic...aluminum is a poor choice for frige doors (for o so many reasons)

[Carol]

good idea. I wouldn't have thought of the whole serial number thing. Next time I buy, pitures and serial numbers galore, baby!

[Karen]

Hooray for you! And good advice I will remember if we ever move again.

As to your ideal frig, it looks a lot like mine (an aged Sub-Zero). My favorite parts: it is only 24 inches deep (like a regular cabinet) instead of 30 inches (like most frigs); the pull out freezer; and the fact that we have an ice maker. I know you don't think that is necessary, and I don't know how many folks live in your house, but in my house are several people who are incapable of making ice when they use some. I have often said (and not been contradicted) that I could probably be divorced by now if it was not for the ice maker. I don't know what it is about men and air cubes, but the ice maker prevents it from being a problem.

Happy shopping!

[Karen]

Oh, and don't be seduced by a side by side door arrangement - all that means is that both the frig and the freezer are too narrow for the occasional wide baking dish or cookie sheet (especially if you are not buying the biggest size frig). My mother had one of those kinds and it about drove us all nuts when I was a kid.

[Carmen]

Hum, I bought a Maytag seven years ago. It was number 1 in Consumer Report at that time. It broke a month later. And then the next year. Last year the compressor went and the service people told me it wasn't under warranty. Thank heavens I called Maytag...somewhere in the States where the accent sings of South...and they covered it..... now it's making strange noises again. Just thought you'd like to know...