Issues with old house after completion

steveywonda

Thanks everyone. I'll let you know how it goes.

G_M

Take a look at this thread here. Not identical, but close!

steveywonda

Hi All, I have an update...

I've recently received a letter from the buyer's solicitor saying that they are saying that we misrepresented on the property information form (filled out in March) as we put that the heating system was in 'good working order' and if anything had changed between then and completion we should have notified them.

They are saying that they have had a couple of plumbers look at it and both have said that there's a faulty valve which would have been evident months before. Thing is, evident to who? A plumber checking the system? I certainly didn't notice anything and the heating and hot water worked fine so why would I have bothered looking? If I had realised there was an issue I would've got it fixed as wouldn't have run the risk with the family.

Where do I stand on this? I've since had another letter asking for a response as I hadn't got round to replying to the first. Do they have a case? As far as I'm concerned I haven't done anything wrong and they could be playing me, but I don't want to go to court over this...

Any advice would be greatly appreciated.

Thanks

BitterAndTwisted

Have you forwarded these letters to your own Solicitor? if not, I think you should do so immediately

firstaspect

Get them to talk to your solicitor directly rather than sending letters to you.

casperlarue

If it's a 'faulty valve' (as identified by the plumber) why does your buyer need a 'contribution towards a new heating system?'

Did anything change with the heating system between you filling in the form and moving out day? If not then as far as I can see you've done nothing wrong, there was nothing to notify the new buyers of in terms of the boiler not working.

You should pass all these letters over to your solicitor asap.

Doozergirl

If it was fine when you left then you have not misrepresented anything.

And considering that it would have been evident to a plumber for months beforehand, why did your buyers' own checks not show this up? It couldn't possibly be because they didn't have it tested, could it?!?!

They haven't got a leg to stand on. Caveat Emptor. And you did not lie when asked the question, nor did you fail to inform them of anything.

Ask your solicitor to write back and tell them where to go.

ericonabike

To play devil's advocate, you may have assumed some level of plumbing expertise in saying the system was 'in good working order'. That's opinion, rather than fact and suggests that you either knew something about central heating, or had taken advice from someone who did. Better perhaps to have said that the system provided heating and hot water on demand and that you were unaware of any defects. Agree talk to your lawyer - try the following quote from Jerome K Jerome on him:

'If a man stopped me in the street and asked me for my watch, I'd refuse to hand it over. If he offered to fight me for it I'd give a good account of myself. But if he threatened to take me to court I'd give him the watch and think I got off lightly.'

LandyAndy

Wee_Willy_Harris wrote: »

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

Oi! That's my line.:rotfl::rotfl:

And is the correct response.

prudryden

As in all legal cases, one lawyer is right and one lawyer is wrong. It usually depends on who has picked the best story that works. I think yours is the best one. The proof is on them. Your gas usage should be enough. Send all your bills to your solicitor.