What is the intent of the purchaser of a hot-tub at the closing of a real-estate transaction?

From this statement and others in the transcript, the intent of the purchaser was clear – that the good mechanical operation of the hot-tub was collateral to the closing. That it would survive the purchaser’s check for its operation. From the evidence, the purchaser’s concern of the hot-tub was so tied to the purchase that it was he who had the agent incorporate this intent into the offer with these words. “The seller declares the hot-tub is in good mechanical working order.” Although we may say with hindsight that it would have been prudent to make clear this proviso survived transfer of title, when we examine paragraph 25 of the printed agreement together with the intent of the purchaser and the knowledge of the vendor of the importance of this provision its survives the transfer of title. As stated in Fraser-Reid v. Droumtsekas, supra, “ … there is no presumption that the purchaser intended to surrender or abandon the rights … under the sale agreement.”