Things wrong in flat we have just bought

lauzt1987

Hi there. I am just really looking for other people's experiences. We moved in to our new flat on Saturday. As advised by the solicitor, we tested all appliances etc and found that one of the heaters in the hall was not working and the washing machine was also not working (it half fills up and then just stops.) The washing machine was also filthy and the drains smell awful when you switch it on.

Our solicitor wrote to their solicitor about this and they have written back today saying that both the radiator and the washing machine were working fine when they left (the day before!) and therefore they were not taking any responsbility for it/compensating us.

Our solicitor has suggested we get someone out to look at the radiator/machine to see what's wrong and get quotes for fixing it.

Has anyone else had anything like this happen and do these things ever get resolved. I am of the view that it's probably going to cost us just as much in solicitors fees to as it would for the repairs so maybe we should just give up. Thanks.

BitterAndTwisted

Did the vendor give any assurances IN WRITING that the things you complain of were working when you exchanged? Did you take any steps yourselves to ensure that they were working?

As you said yourself, the cost of pursuing this will most probably cost more than paying to get them fixed and could end up with you not getting a penny from them in any case.

onlyroz

In most circumstances it's up to you to do the proper surveys and checks before you move in. When we moved in to this house the boiler didn't work, and clearly hadn't worked for months. However, it was our fault for not getting it tested - the sellers clearly stated that they were not guaranteeing anything would work and it was up to us to carry out the proper checks.

poppysarah

You are probably safe to assume that they hadn't had the heating on the day before ... and if the washer drain smells it's not been used for a while.

Sadly it's unlikely legal action would help.

Get a washer repair man to come and have a look. Ditto for heater.

Just smile each time a bit of post comes for them and write "not at this address" and stick it in the post.

Doozergirl

Your solicitor was telling you to check things before you bought the house.

Check it after and it's your own problem to deal with.

crazycatlady1984

hey, I don't agree that solicitor was telling them to check appliances before they bought......how on earth were they going to do that? knock on door with a pile of washing while the vendors still living there?

I agree your solicitor will have meant to test when you move in, as I understand it you have 7 (or possibnly 14) days to check everything is working as stated, and if not, you contact solicitor and agreements are made for vendor to fix any issues.

I have various friends and family members who have had to do this, most recently during last winter when a pipe burst in property a relative sold just before buyers moved in, and when they had been in a few days, the shower stopped working. My friend fixed both of these with no problem.

However, I think this comes down to the good nature / morals of the vendor, and as others have said, it might be easier/quicker/cheaper to just fix it yourself. Maybe their just chancing it, so if I was you I would push it a bit more but dont rack up a load of fees. If stilll doesnt work, you may just need to sort it yourself.

good luck!!

googler

The OP appears to have bought in Scotland.

Did the contract/missives use the Glasgow and Edinburgh standard clauses shown here?

http://www.lawscot.org.uk/media/3516/Combined_Standard_Clauses.pdf

3. CENTRAL HEATING ETC.
(a) The Seller undertakes that any systems or appliances of a working nature (including central
heating, water, drainage, electric and gas) forming part of the Property will be in working order
commensurate with age as at the Date of Settlement.
(b) The Seller will make good any defect which prevents any system or appliance being in such
order provided said defect is intimated in writing within five working days of settlement. Failing
such intimation, the Purchaser will be deemed to be satisfied as to the position.

Read paragraph 3b, and check again with your solicitor. Whilst they may claim that it was working the day before settlement, it appears that it wasn't working ON the day of settlement (when you tested it?), and that you have intimated this to them within X days. Therefore they should make good in accordance with the agreement

If they're not warranting that the appliances/heaters are in working order, there should have been an exception written into the missives, and your solicitor should have told you if so.

hazyjo

Another vote for 'before you complete'. That's how I've always known it. Never heard of checking things once you're in, then complaining!

People generally take sellers' word for it that things work. I mean, surely they need a boiler, washing machine, etc. If you are buying them, you buy them with risk, or arrange for someone to go round and test the appliances, boiler, etc (or indeed do it yourself!).

Jx

G_M

Buy a new heater and washing machine?