What if the pipes burst?? Who is liable?

SamanthaD85

We are waiting for the keys for our first home and are waiting on the sellers solicitors. The house we are buying has been empty for about 4 months now and we are worried that when we finally have the keys and turn on the water/gas that the water pipes may burst because of the freezing temperature's and was wondering who would be liable if they do, us or the seller? (Of course we will be taking out house insurance which includes bursts pipes, on the day we are due to sign.)

Thanks.

nrsql

Pretty sure you would be liable after completion and would need to insure from exchange too.
I would ask what state the property is in. Is the heating left on or have the pipes been drained?

SamanthaD85

The property has recenlty been renovated and im assuming that the water and gas have been switched off as the house has been empty for 4 months. But i can ask my solicitor to find out tomorrow for sure.

G_M

SamanthaD85 wrote: »

We are waiting for the keys for our first home and are waiting on the sellers solicitors. So you've Completed? The house we are buying has been empty for about 4 months now and we are worried that when we finally have the keys and turn on the water/gas that the water pipes may burst because of the freezing temperature's and was wondering who would be liable if they do, us or the seller? (Of course we will be taking out house insurance which includes bursts pipes, on the day we are due to sign.)

Thanks.

If they burst before Completion the seller is responsible. They have to hand over the property in the same condition it was in at Exchange.
If they burst after, you are responsible.

In reality of course, proving when exactly the burst happened may be difficult and suing is probobly more trouble, and expense, and stress, and uncertainty, than it is worth.

If I'm wrong and Completion is not for some time, speak to the vendors, either directly or via solicitors or estate agent, and ask for heating to be left on low.
If they are reluctant, you could even consider offering to pay a token amount for the gas/electricity - not really your responsibility but if it puts your mind at ease or saves you the horrendous inconvenience of a burst pipe, could be worth it.

aqueoushumour01

couldn't the insurers argue that the pipes burst due to a previous icing before completion and that, as a result, it is the responsibility of the previous owner/insurer? Just a question, as this is what I am a bit worried about myself.

missile

It happened to a friend of ours. They found burst pipes when they opened the door AFTER completion. Their solicitor is holding seller responsible and has witheld £50,000 from the sale price to cover cost of repairs and they are currently staying in a hotel.

If I were OP I would speak to my solicitor and maybe ask for an agreement in writing.

themull1

No, Once you complete, it would be your responsibility.

john_white

missile wrote: »

It happened to a friend of ours. They found burst pipes when they opened the door AFTER completion. Their solicitor is holding seller responsible and has witheld £50,000 from the sale price to cover cost of repairs and they are currently staying in a hotel.

If I were OP I would speak to my solicitor and maybe ask for an agreement in writing.

How did they complete without paying? To withhold money means they didn't pay it and without paying the funds how did they complete?

SamanthaD85

No we have not complete yet and will speak to our solicitors tomorrow and ask about the pipes and heating.

flora48

My solicitor told me to insure the house I was buying as soon as contracts were exchanged. I still kept the insurance on my existing house till after the move. A few pounds extra insurance would IMHO be better than a lot of hassle in the event of a claim.

wildbri

Even though the water has been turned off, with this severe weather there may be damage. The whole system would have to be drained off and even then water gets trapped in the pipe runs. I once turned on a house that had been drained and the central heating had many burst pipes. I always tell people to leave the heating on a very low setting. I have also found that the insurance policies do not cover frost damage only the results of the damage i.e water damage caused by a burst pipe but not the burst pipe.

Has you have not yet exchanged, say you will not exchange until the agent as turned on the water and any heating and you are there to see it,
The vendor might not like it but it could save YOU a lot of trouble. regards bri