EA claiming we shouldn't have tried the boiler

kmmr

Hi,

I am helping a friend buy a property, and we went for a final viewing (preparing for exchange probably this week or next) to check things out. It is a newly refurbished flat, and the valuer had advised not to get a homebuyers as it was all brand new internally.

Anyway, we went to do a final check. We checked the hot water, and realized the boiler was switched off, so asked the EA if we could turn on the boiler. The EA was clearly a 'junior' and so said fine - and we turned it on. The boiler then didn't work, so we read the manual together, tried again - still no luck. The error message was in the instruction booklet and means 'fan problem'.

There were a couple of other small things (snagging really, standard for a new flat) so we sent an email to the agency. They have now complained that we shouldn't have tested the boiler! That we should never have switched it on, and perhaps broke it ourselves.

So my question would be - is it normal to check that a boiler works, or is that something you have to get a professional to do. We were really just testing the hot water! Also, is there any chance we could be held liable for the boiler? Can't imagine how we could have broken the fan - and I feel we did have agreement from the guy showing us around. While he wasn't the main selling agent from the agency, he was the representative sent to show us around.

Thanks!

jimpix12

It's potentially your home, there might be some stuffy regulation (yooman rights or data protekshun anyone?) that says you can't touch the boiler but who gives a hoot. If you have not exchanged yet then speak to your solicitor they might have some negotiating to do.

G_M

If you had caused damage to the boiler by fiddling with it, the vendor could have blamed the agent for allowing you to do so.

But you were given permission albeit by a 'junior'.

But I'd have done what you did. You're spending £100,000 on a property - not unreasonable to want to check hot water comes out of the taps!

FireWyrm

Oh really.. You are going for exchange in a week and all this will be your problem then...and the EA says you have no right to check what you are getting?! Cheeky so and so.

Ok, you tell the EA that exchange is on hold until you can get a qualified professional to inspect the boiler and after that, you will 'consider your position' and whether your offer price genuinely reflects the worth if the property in light of the issue you have found. Watch him to an about face on his threats....

trogg

kmmr wrote: »

So my question would be - is it normal to check that a boiler works,I WOULD or is that something you have to get a professional to do.NO, BUT WORTH DOING We were really just testing the hot water! Also, is there any chance we could be held liable for the boiler? NO Can't imagine how we could have broken the fan YOU DIDN'T- and I feel we did have agreement from the guy showing us around. While he wasn't the main selling agent from the agency, he was the representative sent to show us around.
Thanks!

Is the boiler new ?

If not tell the EA that the sale is subject to a gas safety check being done.

Boilers have many safety devices that will shut it down if there was a problem .

paddedjohn

did you check first to see if the system had been drained?

maninthestreet

Simply tell the EA that 'no working boiler' = 'no exchange'. The liability lies with the vendor to pay for any repairs, as it's still their property.

googler

kmmr wrote: »

They have now complained that we shouldn't have tested the boiler! That we should never have switched it on, and perhaps broke it ourselves.

I'm with them.

Despite being given permission by the junior in your presence, I don't think it's wise to go tinkering with appliances when you don't explicitly know if they've been fully connected, commissioned or tested by the installer.

You get the owner's permission to do this, not their agent's. Same applies to testing any electrical sockets, showers, taps and toilets. You ask the person who owns the house first.

betmunch

You had permission, so tell him to chuff off!!!!

If you shouldnt have had permission then he should have trained his staff better before letting them conduct viewings

GDB2222

Get at least a homebuyer's report.

gingeralan

googler wrote: »

I'm with them.

Despite being given permission by the junior in your presence, I don't think it's wise to go tinkering with appliances when you don't explicitly know if they've been fully connected, commissioned or tested by the installer.

You get the owner's permission to do this, not their agent's. Same applies to testing any electrical sockets, showers, taps and toilets. You ask the person who owns the house first.

don't talk twaddle. You are buying an expensive product. If you but a car you test it. If you buy a house you should probably test it more. You cannot break something just by switching it on.

Are you a landlord by any chance? Looking for a way to get out of returning your tenants deposit and they have the audacity to pay you to occupy a space?