is it normal to say no testing?

GDB2222

For example, “false” means false to a material degree.

Come on, make an effort. It's all written in English, you know.

googler

FireWyrm wrote: »

So corrected. However, what would happen if the items were present when the house was listed but have subsequently been removed.

That's covered in the standard contract clauses.

FIXTURES, FITTINGS & CONTENTS
The Properly is sold with:
(a) all heritable fittings and fixtures;
(b) all items of whatever nature fixed or fitted to the Property the removal of which would
materially damage the fabric or decoration of the Property;
(c) all items stated to be included in the sales particulars or advertisements made
available to the Purchaser; and
(d) the following insofar as any were in the Property when viewed by the Purchaser:
garden shed or hut, greenhouse, summerhouse; all growing plants, shrubs, trees etc etc listed

GDB2222

googler wrote: »

There's a house that needs a haircut......

"Please note: This property is being sold in its present condition and no warranty will be given to any purchaser with regards to the existence or condition of the services or any heating or other system within the property. Any intending purchasers will require to accept the position as it exists since no testing of any services or systems can be allowed. No moveable items will be included in the sale."

..and that;s stated before you get as far as the schedule....

The surveyor who did the Home Report reckons there is a boiler;

"Gas fired combination boiler also serving the central heating system
via steel panelled radiators. The central heating boiler is situated
within the living room cupboard."

There are two separate issues raised here.

1st, can you disclaimer your way out of your obligations under the criminal law? Obviously not! Otherwise, every burglar would leave a little disclaimer note so that he could not be prosecuted.

2nd, there is a due diligence defence, as I mentioned. It would be a matter for a court to decide whether an estate agent could rely on a surveyor's report that said there was gas central heating. If that had already been ripped out by vandals by the time the estate agent inspected the property, and assuming the prosecution could actually prove that, the estate agent would have a really hard time of it in court. In practice, the whole thing would be very difficult to prosecute, and I doubt that would proceed to court.

If the OP now points out to the estate agent that the central heating is missing, the estate agent would be committing an offence if he did not change the particulars that he hands out. (Once he has confirmed it it is true of course.)

googler

GDB2222 wrote: »

It would be a matter for a court to decide whether an estate agent could rely on a surveyor's report that said there was gas central heating. If that had already been ripped out by vandals by the time the estate agent inspected the property, and assuming the prosecution could actually prove that, the estate agent would have a really hard time of it in court. In practice, the whole thing would be very difficult to prosecute, and I doubt that would proceed to court.
If the OP now points out to the estate agent that the central heating is missing, the estate agent would be committing an offence if he did not change the particulars that he hands out. (Once he has confirmed it it is true of course.)

We're going off the rails here. Sequence of events (typically) - EA visits property before surveyor, as surveyor is typically instructed by EA.

EA states property has CH system, with disclaimer that they don't warrant either that it's there, or in good condition.

Surveyor visits property independently and reports that he found the boiler in the cupboard in the lounge, and states as such in the Home Report.

Conclusion; it's not a Property Misdescription to describe the house as having a CH system.

Standard clauses specify that the property shall be transferred to the purchaser with fixtures and fittings as described in the sales particulars, which state there is a CH system.

It's unclear why the OP has stated the boiler is missing, but it's also unclear whether or not the OP has viewed yet .... hadn't at 9.30 this morning (#9), but at 4pm says "Radiators boiler missing" - but without explicitly saying has viewed it....

GDB2222

I think the OP has been there, as why otherwise would he say that the boiler and radiators are missing?

googler

GDB2222 wrote: »

I think the OP has been there, as why otherwise would he say that the boiler and radiators are missing?

Remains to be seen. Watch this space.

FWIW, I've heard some folks refer to a HW tank with immersion as a 'boiler', so if the OP is looking for one of those, and the boiler in the lounge is a combi.....

GDB2222

But the radiators .......?

googler

Let's see - wait for OP to clarify

googler

I/we would welcome an update ...