Selling, boiler broke between exchange and completion who is responsible

Malky

In Scotland the buyer has 7 days after moving in to ensure everything is in working order ie boiler, heating and oven.
If either of those things don't work, the seller is responsible for repair or replacement.

Gem_

I have the same problem but in reverse

The buyer moved in and then claimed there was a problem with the central heating. They sent a letter via my solicitor to try and get us to pay £60 for the repairs.

I have two problems with this - Firstly: The heating was working fine when we moved out. Secondly: what on earth could be wrong with a boiler that would only cost £60 to fix! (maybe I should have asked for the boiler guys card if he is this cheap?).

My solicitor advised me to tell them to sod off (her actual words). I think they would have to take me to the small claims court, and actually prove the boiler was faulty on completion for them to get any money back.

Gem

PS. In your case though I would feel morally obliged to fix it / give the buyer some money so they can fix it.

andipandi_2

i think it would be wrong of you to let them complete knowing the boiler is broken,get it safely going again,like another poster said how would you feel if you moved in and had to shell out on a new boiler,i'm sure they will probably be !!!!!! off about it.

JayScottGreenspan

There must be a law against it.

Otherwise, why not just remove every last brick and leave them with an empty plot? Caveat emptor!

courtjester

Debt_Free_Chick wrote: »

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

The boiler *is* part of the building, not contents.

However, standard home building insurance doesn't cover breakdown of the boiler - this would need to be a maintenance contract to cover repairs.

The vendor is responsible for the property until completion - ownership doesn't pass until that point although the buyer has a vested (insurable) interest in the property due to the contract to purchase and hence it is normal for BOTH parties to insure the property from exhange onwards.

The vendor contracts to pass the property to the purchaser in its condition as at exchange and as has already been said, it is the vendor's contractual duty in this instance to have the boiler repaired or pay compensation.

pinkshoes

Did they buyer not get a survey done? Because surely the survey would say "very old boiler - possiblity of dying very soon", and on that basis, they'd negotiate a reduction in price so that they could buy a new boiler in the very near future!

If a boiler is VERY old (>10 years ??) then you presume it's going to be problematic and make allowences for that.

Or did you price your house knowing the boiler was old and would soon need replacing? If so, then it's not unreasonable for the buyer to foot the cost.

Eyesparky

Sort the boiler out and life may go a little smoother. If you knowingly left me with a broken boiler I would make your life hell. I would be surprised if you can not fix the old one unless the thing has physically blown up. Then I assume you would be leaving them a nice gaping hole in the wall as well:).

shelly

pinkshoes wrote: »

Did they buyer not get a survey done? Because surely the survey would say "very old boiler - possiblity of dying very soon", and on that basis, they'd negotiate a reduction in price so that they could buy a new boiler in the very near future!

If a boiler is VERY old (>10 years ??) then you presume it's going to be problematic and make allowences for that.

Or did you price your house knowing the boiler was old and would soon need replacing? If so, then it's not unreasonable for the buyer to foot the cost.

I would assume it depends on what type of survey is done. Our buyers had a bog standard survey done and nothing was mentioned about the boiler. Its 31 yrs old and has been (and still is as far as we know) in excellent working order.

telfordwhite

I would think that legally you are ok. In the EA details they often specify "not tested" on appliances/gas supply etc so it is pretty much a sold as seen deal I think. Also they would have to prove the boiler wasn't working when you left it.

Morally however you really ought to fix it.

shelly

telfordwhite wrote: »

I would think that legally you are ok. In the EA details they often specify "not tested" on appliances/gas supply etc so it is pretty much a sold as seen deal I think. Also they would have to prove the boiler wasn't working when you left it.

Morally however you really ought to fix it.

You are right in saying that the EA will specify not tested against appliances but that only means that they themselves haven't tested them, its to cover their (EA) backs, no-one elses.

During the selling process a vendor has to fill in a fixtures and fittings form. You declare that all appliances that are staying in the property are in working condition. IMO if one of these fail before completion its down to the vendor to fix it.