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Problem With House After Exchange.
Tlg1991
Posts: 178 Forumite
We have exchanged contracts on a house we wish to buy and plan to move in in 4 weeks.
unfortunately we have been informed that they had a new washer fitted and went away for the weekend and the pipes have bust and leaked.
they have been in touch with the company (indeset or hotpoint) who fitted it and they have said its urgent to get it sorted and a new kitchen floor fitted as its ruined the floor.
its been a few weeks and they say they haven't heard anything from the company. i said its probably because they know they are move/selling the house soon so maybe ignoring in the hopes it will be forgotten.
if the floor doesn't get fixed before we move in is it still up to them to fix, we can't exactly pull out now as contracts are exchanged. what should we do. we are ringing our solicitor today to see what they can do, maybe something along the lines of holding some money back until it gets fixed, i don't know. this is our first purchase so its all new at the best of times, never mind when a problem arises.
unfortunately we have been informed that they had a new washer fitted and went away for the weekend and the pipes have bust and leaked.
they have been in touch with the company (indeset or hotpoint) who fitted it and they have said its urgent to get it sorted and a new kitchen floor fitted as its ruined the floor.
its been a few weeks and they say they haven't heard anything from the company. i said its probably because they know they are move/selling the house soon so maybe ignoring in the hopes it will be forgotten.
if the floor doesn't get fixed before we move in is it still up to them to fix, we can't exactly pull out now as contracts are exchanged. what should we do. we are ringing our solicitor today to see what they can do, maybe something along the lines of holding some money back until it gets fixed, i don't know. this is our first purchase so its all new at the best of times, never mind when a problem arises.
:j
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Comments
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The vendors are obliged to Complete in the same condition as at Exchange.
As to what possible remedies there are if they don't, then you are correct to get your solicitor to advise.0 -
The vendors are obliged to Complete in the same condition as at Exchange.
As to what possible remedies there are if they don't, then you are correct to get your solicitor to advise.
Not so sure about that...
Damage to the property after exchange of contracts
Damage caused between exchange and completion
A house may be damaged after contracts have been exchanged but before the sale is completed, for example, a burst pipe or a broken window. It is the seller’s responsibility to inform the buyer of any damage. It is however the buyer’s responsibility to insure the property from the date of exchange of contracts and to have the repairs carried out. The buyer will then have to make a claim on their insurance policy.
https://www.citizensadvice.org.uk/housing/moving-and-improving-your-home/problems-with-buying-and-selling-a-home/0 -
the damage was done before the contracts where exchanged. they told us that it was getting sorted and they just wanted to let us know. its only after the exchange they have updated us on what's happening and said they haven't heard anything from the company who fitted it, but the company has apparently said they will be sorting it but they are busy.
we shouldn't have exchanged until it was fixed, i know very stupid, but we had no reason not to believe them and they have been completely honest with us about everything else up to now.:j0 -
I'm not sure why they are expecting the manufacturer of the washing machine to pay for the cost of a whole new floor, surely they would only be responsible for replacing the machine itself?they have been in touch with the company (indeset or hotpoint) who fitted it and they have said its urgent to get it sorted and a new kitchen floor fitted as its ruined the floor.0 -
Ahhhh right, then I suspect you are at the mercy of the sellers0
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fairy_lights wrote: »I'm not sure why they are expecting the manufacturer of the washing machine to pay for the cost of a whole new floor, surely they would only be responsible for replacing the machine itself?
They paid hotpoint or whoever extra for fitting, the fitting was wrong which resulted in the leak. they are responsible for the damage as it was their fault through fitting or whoever they got to fit it.:j0 -
No - you are at the mercy of Hotpoint.
At the time you Exchanged, the floor was flooded, so that is what you agreed to buy.
If Hotpoint acknowledge their responsibility and fix things - great. If not. you'll have to suck up the damage (see what I did there?).
And once the sellers move you'll not be able to chase Hotpoint yourself as you had no contract with them...0 -
You exchanged in the knowledge of the damage.
If the contract contained a special condition about the sellers ensuring the damage is sorted prior to completion you could sue the sellers if they fail to sort it, but otherwise I think you'll have to sort it out yourself.
Like you say, you should not have exchanged. Did your solicitor give you any advice about this? Were they aware of the damage? Could be negligent if they didn't advise you about this.What will your verse be?
R.I.P Robin Williams.0
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