EA claiming we shouldn't have tried the boiler

cooltt

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.

You are wrong.
The EA is acting on behalf of the seller so anything the buyer wants to check BEFORE they part with 100K is permissible with permission from...guess who? That's correct the EA.

It doesn't matter if the EA's dog gave permission; they are the ones acting on behalf of the seller. It isn't unreasonable (and every judge in the land would agree) to expect the various fittings of the property to be in full working order at the point of sale unless specifically stated as such during the negotiations.

kmmr

Thanks all.

In answer to one question - we didn't check it was drained (should we have? Why?) and it is a brand new boiler. The flat has been on the market for a while, so I think the boiler has been off for most of that time.

Having done renovations myself I know there are always snags so I was keen to check everything out. I was just a little bemused by the EA's response.

They exchange is on hold now until these issues are resolved.

mimimt

When I was buying my property, I booked an appointment specifically for testing the appliances. The EA and vendors were happy with it. Needless to say, everything was working.

As to a home buyer's report, I had one done as part of a failed transaction. My understanding is that the surveyor does not test boilers. Instead, they recommend that you hire a professional to test the boiler and check the electricity wiring, etc. I personally don't think a home buyer's report gives much information, apart from testing for damp.

kmmr

G_M wrote: »

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!

I'm not sure where the £100k came from, but it's actually more like £250k! Not that it makes that much difference - the boiler should still work regardless of price.

kmmr

mimimt wrote: »

When I was buying my property, I booked an appointment specifically for testing the appliances. The EA and vendors were happy with it. Needless to say, everything was working.

As to a home buyer's report, I had one done as part of a failed transaction. My understanding is that the surveyor does not test boilers. Instead, they recommend that you hire a professional to test the boiler and check the electricity wiring, etc. I personally don't think a home buyer's report gives much information, apart from testing for damp.

That was my thought as well. We bought with us an old Homebuyers report and went through all the sections ourselves, as well as testing all appliances. As you said, the HB's wouldn't have checked the boiler anyway.

Even with damp - they just say get someone else to check it!

GDB2222

Any sensible boiler will check the water pressure, and if teh system is drained it won't attempt to fire up. There's no way that a properly functioning boiler will sustain any damage in these circs, but I am not surprised the system is drained down.

googler

kmmr wrote: »

In answer to one question - we didn't check it was drained (should we have? Why?)

Because you don't know if the installation has been completed, or if everything to ensure proper operation of the boiler has yet been connected. You saw other snagging items which required completion - but you assumed the boiler installation to be complete, apparently.

Unless you KNOW it's been fully installed and signed off, I feel it's unwise of you to press ahead with tinkering with it, despite having the junior EAs permission.

googler

gingeralan wrote: »

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?

I fail to see how you get to this conclusion; care to elaborate?

kmmr

googler wrote: »

Unless you KNOW it's been fully installed and signed off, I feel it's unwise of you to press ahead with tinkering with it, despite having the junior EAs permission.

I suppose I know that now! There was no talk at all of 'commissioning' anything prior to exchange, and they knew we were coming to do a final viewing, when presumably we would check things out.

If it's not set up - that's fine. But I have a feeling this would have come to light after completion, and would be a much harder argument then. At least now there is some incentive for the vendor to sort it out - rather than just saying 'you should have had it inspected' after completion.

gingeralan

googler wrote: »

I fail to see how you get to this conclusion; care to elaborate?

Staying that someone using something in the manner prescribed is likely to cause damage sounds very much like all the landlords I have had dealings with.

It is one week before exchange the property should really be in a fit condition and everything ready in working condition. As previously stated if the boiler is any good at all it should have safety mechanisms which prevent it lunching itself!