Selling, boiler broke between exchange and completion who is responsible

michaels

We exchanged on our sale last week and this morning the gas heating and hot water boiler stopped working, it is very old and probably can't be repaired. We complete next week. Can we just leave it broken or will the buyer have some comeback?

space_rider

Well, isn`t it already theirs technically. But couldnt you get someone out to see if it can be patched up?

mr.broderick

michaels wrote: »

We exchanged on our sale last week and this morning the gas heating and hot water boiler stopped working, it is very old and probably can't be repaired. We complete next week. Can we just leave it broken or will the buyer have some comeback?

badkarma..

shelly

I'd call your solicitor for advice.

Hubby thinks that if you leave it you *might* be in breach of contract.

His way of thinking is this......Exchanging contracts means that your buyers have agreed to buy your house in the condition it was in at the time of making their offer. You have agreed to sell them the house in the same condition it was in at the time of accepting their offer. With the heating breaking down it is no longer in the same condition.

He could be totally wrong, its just how he sees it.

Personally I would be well unhappy if I moved into a house and had no heating/water.

olly300

michaels wrote: »

We exchanged on our sale last week and this morning the gas heating and hot water boiler stopped working, it is very old and probably can't be repaired. We complete next week. Can we just leave it broken or will the buyer have some comeback?

If you leave it then I would advise you not to walk down that road for the next 10 years so if you were quite good friends with your neighbours forget it.

Oh and don't expect to see your mail again if you haven't redirected it or Royal Mail Redirection service slips up.

BTW how are you going to bath/shower for the next week?

Melissa177

The ethical thing would be to ensure that it is working as it was when you exchanged.

How would you feel if you were in your buyer's shoes?

EdInvestor

I doubt they will have any comeback.Certainly you wouldn't be required to install a new boiler.

But if you can provide some temporary improvement to suit both you and them, it would be the decent thing to do.

Consider how you would like the vendor at your new home to behave if it was happening there,and act accordingly.

KellsBells

Legally, what did your fixtures and fittings list say? If you said the services are connected and working fine, and so is the heating system, you HAVE to get this sorted.

Morally, could you sleep at night knowing that you'd done this to innocent buyers? And what if they have a small child?? With no heating?

And finally, repercussions - If it were me who had bought the property I would try every channel available to get back the cost of the repair. Failing that, I'd find the vendors address and probably brick their windows!!

Technically the buyers insurance takes over from exchange, and they could potentially be covered for this very unfortunate occurance - do the decent thing, give them a call and explain. You never know, they may be prepared to pay towards repairing the problem.

pickles110564

Sort it out otherwise you will probably have loads of sleepless nights wondering when they are going to knock on your door

david29dpo

the house is still yours until completion. some solicitors recommend insurance at exchange, some at completion. you dont HAVE to do anything, but you MAY be sued.

Debt_Free_Chick

My understanding is that the buyer is entitled to complete with the property and all F&F in the same state as they were at the date of exchange. Effectively, you & the buyer exchanged contracts to sell/buy exactly as things stood at the date of exchange.

I think the buyer WILL have comeback and could successfully pursue you for the cost of putting the boiler/heating back to the state it was at exchange.

Far better that you get it fixed, so you can control the cost, rather than leave it to the buyer.

The buyer's insurance would only cover the building - not the contents.

Check with your solicitor - would be interesting if you could confirm what your solicitor says, as we have a number of different answers already.