Got keys - Boiler issue

societys_child

but will cost hundreds of pounds to repair

Wow, do you have a crystal ball?

googler

see para 3 on page 6 of these (sample) missives clauses

http://www.lawscot.org.uk/media/418751/client%20guide%20270911%20final.pdf

these say the buyer should intimate faults within 5 days, OP says it has 7 in their missives. that gives them until next Wednesday to advise the seller's solicitor as such (not the seller). As rpc said above - it must work - end of (story).

Debt_Free_Chick

To be honest, I can understand the solicitor's response - he/she has no idea what the problem is. You will need to get a report/opinion on the actual cause of the problem and then I'd expect your solicitor to act on it.

You'll need to get someone out on Monday if the deadline for advising faults is Wednesday.

googler

Debt_Free_Chick wrote: »

You'll need to get someone out on Monday if the deadline for advising faults is Wednesday.

No, the deadline is for merely intimating to the seller's solicitor that the boiler wasn't in working order on the date of entry.

It's not a deadline for having estimates in place and having reports on what's wrong with it.

(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 5 working days of
settlement. Failing such intimation, the Purchaser will be deemed to be satisfied as to
the position.

etc

dodger1

Debt_Free_Chick wrote: »

To be honest, I can understand the solicitor's response - he/she has no idea what the problem is.

The fact that the solicitor has no idea what the problem is makes their response unacceptable. Any switched on solicitor's first response should have been "find out what the underlying problem is".

googler

dodger1 wrote: »

The fact that the solicitor has no idea what the problem is makes their response unacceptable. Any switched on solicitor's first response should have been "find out what the underlying problem is".

No, no, no....

The buyer's solicitor's first response, on hearing that the boiler wasn't in working order on the date of entry, should be to immediately say to the buyer (their client); "Very well, I'll inform the seller's solicitor of this as soon as possible", and sharply send a missive to the seller's solicitor advising as such.

It wasn't in working order on the date of entry.

The seller warranted that it would be, as part of the missives.

The buyer has 7 days to notify the seller's solicitor of the non-working status.

The seller is obliged to make good the defect as long as they're advised of the fact that it wasn't working within 7 days.