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Quick easy question

2»

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    timmyt wrote: »
    they are indeed legal requirements for the seller to have, and the buyer rightly is asking for them.

    but I agree with GM, don't ever rely on certificates from a seller, always do your own.
    There are certain circumstances where the seller with his hat on as owner rather than as seller can expect certificates from people who do certain jobs after certain dates. But, for example, someone who had a house rewired in 1972 does not have to have a certificate and even if they did have one, they are not obliged to keep it.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • kiki*_2
    kiki*_2 Posts: 302 Forumite
    I understand all that but surely I'd be silly not to ask! Especially seeing as they said the boiler had a check just before going on the Market.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    timmyt wrote: »
    they are indeed legal requirements for the seller to have, and the buyer rightly is asking for them.

    but I agree with GM, don't ever rely on certificates from a seller, always do your own.
    Maybe I need to learn something here Timmy:

    Can you point me at the statute, Regulation, case law or whatever that requires a home owner (not a landlord) to have a certificate for his boiler/electrics?

    As said in my previous post, I do not mean Building Regs (on 1st installation) which may have been many years before or even pre-date the requirement for BRs on installation.
  • kiki*_2
    kiki*_2 Posts: 302 Forumite
    Just wanted to point out my solicitor has replied saying that is most definitely her job and she will sort investigate it for me.
  • sonastin
    sonastin Posts: 3,210 Forumite
    It is the solicitor's job to make sure that the contract for the purchase includes everything that the buyer wants in there. So if they vendor says it has been checked and a certificate is available, and if the buyer wants a copy of that certificate as part of the purchase, the solicitor should be asking for that certificate. Regardless of whether or not there is a statutory requirement for such certificate to exist.

    As far as I am aware, it is not the solicitor's role to decide if the certificate is needed if the vendor won't make it available, even if it is a statutory requirement. It is the purchaser's choice whether they wish to continue the purchase in the absence of the right paperwork legal or not. But remember that where there is a mortgage involved, the lender is also a "purchaser" and their instructions supersede anything that the buyer might ask for.
  • tyler80
    tyler80 Posts: 364 Forumite
    My survey automatically came with an extra copy just for my solicitor :-D
  • kiki*_2
    kiki*_2 Posts: 302 Forumite
    Ooh Tyler your lucky, they sound like nice survey people!
  • gooner63_2
    gooner63_2 Posts: 142 Forumite
    Some people are so rude on here.....they're not all property experts....and are just asking a genuine question.....cut then some slack...!!!!!! !....:cool:
  • kiki*_2
    kiki*_2 Posts: 302 Forumite
    Couldn't agree more gooner! It puts you off asking things cos you think you're gonna get the Mick taken out of you!
  • kiki*_2
    kiki*_2 Posts: 302 Forumite
    sonastin wrote: »
    But remember that where there is a mortgage involved, the lender is also a "purchaser" and their instructions supersede anything that the buyer might ask for.

    How do I know what the lender needs??
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