Issues with old house after completion

steveywonda

Hi,

We sold our house a month ago and we wanted to make everything welcoming for the buyers - we scrubbed the place, left a bottle of wine in the fridge etc. When we left the boiler was working fine. A few days after completion we had a call from the buyers (yes I know we shouldn't have left our number ) saying they were having issues with the boiler so as we were passing later that day we said we'd pop in to show them how to work the controls, thinking thats all that was needed.

When we got there they said that the boiler wasn't working at all, so we both had a look at it and couldn't get it to work. They've since said that a plumber friend of theirs has condemned it and said that it hasn't been working for ages and they are now pursuing us for a 'contribution towards a new heating system' and are threatening to take it to the small claims court.

Now on one hand we feel bad because they haven't got a working boiler and may face a £2000 bill to fit a new one, but our solicitor says that we shouldn't have to pay anything as it is a case of caveat emptor (buyer beware). We have faced similar hidden nasties at our new (old) house and haven't even considered chasing the vendors for compensation and because we have had to remedy these we can't afford to pay anything towards our buyer's new boiler.

When we filled out the property information form 2.5 months before completion we put that the heating system was in good working order (because it was) and they are trying to say that by putting this we have breached a contract, but we were telling the truth and surely that can't be used as breach of contract after so long can it?

Does anyone know what we should do? I suppose we could prove by way of using gas bills etc (it's only the boiler that uses gas) that it was working, but surely the buyers should have been aware that a 30 odd year old back boiler would need replacing sooner or later, regardless of us saying that it was working fine in March. How do we know that they haven't had their friend 'break' it and are now after us to help them pay for a new system..

Can someone please help.

Thanks,

DON79

i would just stick with what your solicitor says personally, they have discovered the system is older than they thought and have probably broken it in their own attempts to get it to work or figuring out how to work the controls. not your fault. change your phone number and let your solicitor deal with it. failing that, get an independent inspection carried out rather than relying on what their "plumber friend" says. best wishes.

Wee_Willy_Harris

For a suggested reply.... See Arkell v. Pressdram

Evilm

They have no claim. Unless you put it on the forms that you had had it serviced on a certain date and hadn't then you haven't breached contract IMO. Let your solicitor deal with it. It speaks volumes that their solicitor hasn't got involved as that kinda says their solicitor doesn't agree with them.

poppysarah

Their survey should have picked it up.
Their problem.

Change your phone number.

greyteam1959

Tough luck on their part..........they are having a laugh trying to get you to pay for it.

steveywonda

Thanks everyone,

I should've said that they are saying that their solicitor said that we could be in breach of contract, but whether or not that's true who can tell.... The basis of this I can gather is that we stated on the property information form that the boiler was in good working order, but that was over two months before completion. Does anyone know how long those forms are valid for?

greyteam1959

Yes, the boiler was in good working order 'To the best of your knowledge, at the time you filled in the form'.
Breach of contract my *ss.

poppysarah

steveywonda wrote: »

Thanks everyone,

I should've said that they are saying that their solicitor said that we could be in breach of contract, but whether or not that's true who can tell.... The basis of this I can gather is that we stated on the property information form that the boiler was in good working order, but that was over two months before completion. Does anyone know how long those forms are valid for?

Their solicitor isn't saying it to you.

In Scotland the law is different I think and there's 7 days to complain ...

but ignore these monkies.

Evilm

steveywonda wrote: »

Thanks everyone,

I should've said that they are saying that their solicitor said that we could be in breach of contract, but whether or not that's true who can tell.... The basis of this I can gather is that we stated on the property information form that the boiler was in good working order, but that was over two months before completion. Does anyone know how long those forms are valid for?

I'm sure that they are only legal as at the date written and anything since they should have asked in solicitors enquires before buying.

The fact that their solicitor is not talking to your solicitor speaks volumes. I think they are just playing you.

tux900

Evilm wrote: »

I'm sure that they are only legal as at the date written and anything since they should have asked in solicitors enquires before buying.

Not wishing to sidetrack the discussion as it is not relevant to the OP's circumstances, but it is worth pointing out that the vendor is duty bound to highlight any material change that would otherwise affect previous declarations. For example, if the boiler had blown up in a spectacular firewall since completing the form where it was stated it was in good working order they would be obliged to notify the buyer that their previous answer to the relevent questions are no longer valid. The SPIF ought to state this obligation quite clearly.

The fact that their solicitor is not talking to your solicitor speaks volumes. I think they are just playing you.

Agreed.

Mathew