Disclaimer on a property schedule - meaning

Old_Wolf

Hello all,

My boyfriend and I are casually looking at property at the moment (casually as we don't wish to commit to viewings etc until we are certain we have mortgage finance in place) so all we're really doing I guess is looking online to get an idea of what we do/don't like and can/cannot afford!

The following disclaimer appears on one of the houses I've looked at, and while googling it returns a lot of other properties with the same disclaimer, I would like to know what other people with more experience in property think and/or know it means.

This property is being sold in its present condition and no warranty will be given to any purchaser with regard to the existence or condition of the services or any heating or other system within the property. Any intending purchasers will require to accept the position as it exists since no testing of any services or systems can be allowed.

Am I right in thinking that this probably means we would have to expect to replace either the heating or electrical system, or both? And why, if that's the case, wouldn't it just be easier to admit that than not allow testing?

rsykes2000

Standard term. All it means is untested, there's no actual need to worry. Try the water, electric and heating while you're there, it will likely work OK.

Old_Wolf

Cheers. Wondered if it could be that, but I hadn't seen it on another property even from the same solicitor.

rsykes2000

It may be that there's tenants there or the owners aren't in during office hours or one of several reasons why they don't want / can't be there for an appointment with someone to come round to test them. Of course, it *could* be dodgy, but it wouldn't overly alarm me

rpc

Looking at your location, is this in Scotland?

If so, this is not a standard term although it isn't uncommon. Most standard clauses in use provide some warranty on services such as heating and hot water, along with any appliances included in the sale. This disclaimer makes clear that those clauses won't be part of the missives.

It could be nothing - we asked for the warranty on appliances to be stuck from the standard offer on a sale of ours as the property was previously let on the basis that we declared we knew of no defect, but would not warrant that they actually worked.

If you are interested, ask the solicitor or vendor why this is. It could be a rental property, repo or any number of reasons. Test them as far as you can and then make your offer based on the risk you think you are taking. I wouldn't be alarmed, but I would be curious.

rpc.

Old_Wolf

Yes, it is in Scotland. I guess all we can do at the moment since we aren't in a position to start viewings (well we could but I would hate to view and potentially get seller's hopes up just to find out we can't get a mortgage yet) is not strike it off our list of possibles and see if we can enter into a dialogue if it's still available when we're more able to move forward.

Freddie_Snowbits

What it means is that when you come and view my property, I will show you the rooms. I will not describe them or give any other description other than 'This is the Lounge'.

It is up to you to ascertain any warranty on any item, from the Gas Electric Water supply, to the attitude of neigbours etc.

The previous Government conned people into thinking that HIPS would tell you loads, but was infact a useless tax.

Things you should do when viewing

1 You are buying the house, not the contents, so ignore how it is laid out and furnished.

2 Go round in the evening after viewing to see the street and how it looks.

3 Get a professional survey on the property you wish to buy.

Things that can be transferred, but may cost.

Any guarantee, to windows, damp course, kitchen, and on newer building, NHBC. Ensure they are transferrable before purchasing. Be aware of any appliances that may be included, as guarantee may not be transferred.

googler

Standard clauses in Scotland usually require that the seller declares any faults in services & systems, and provide that the buyer has a period of (usually) 7 days to report any material faults to the seller and their agent.

If anything breaks after 7 days, it's deemed to be the buyer's responsibility.

This presumes an owner-occupied property, where the services are in daily use.

The clause stated in the OP is usually seen where a vacant property is being offered for sale, typically a repossession. Whilst the services and systems may well be in perfect working order (and the clause shouldn't be read as meaning they're not), you'll typically find the water turned off, tanks drained, CH system drained etc to comply with insurance requirements for a property unoccupied for a long time.

A previous poster has advised OP to test things, but this won't be possible without a water supply, gas, electricity etc.

Owain_Moneysaver

I agree with googler, it sounds like a repossession and it's quite likely that mains services have been switched off or even disconnected.

Old_Wolf

Thanks all, that's really useful and will bear it in mind!