Selling, boiler broke between exchange and completion who is responsible

CFC

You will need to inform the buyer as you are currently living in the property but have exchanged. You cannot just not inform them without your solicitor's agreement or you leave yourself wide open. Your solicitor will then tell you whose responsibility it is. I believe it will be yours, but it may not be - your solicitor will know for sure, dependent partly on what docs. have passed around. The purchaser is advised to check that all services are working before exchange precisely because of this potential problem.

If you do nothing and leave it until the buyer moves in, the buyer will probably be able to sue you. This is because the purchaser does not own the property now, although she/he has committed to purchase it. At this point if the buyer pulled out (as can still happen) you would be able to sue them to enforce the contract or damages. The buyer has bought it as it was when it was checked, so if it was working when they saw it and it was also described as such in any documentation sent to you for signature/completion then that's what they're buying.

The reason both the vendor and purchaser will usually insure the property is that the buyer is obliged to purchase it or be sued even if the house blew up before completion. The vendor will still insure it because if the buyer does pull out and is unsuable (died, run away to South America) they will need to remarket the house.

Hope that makes sense

michaels

Our sale fell through, so as not to lose our purchase the agent said a new mortgage buyer would take too long and found us a cash buyer who offered 4k below what we had previously accepted..turned out the buyer knew the agent and this sale was held up while the 'cash buyers' mortgage completed...hence why we don't feel as moraly obligated as we might

Also before anyone actively dislkies me I am actually asking for a friend who doesn't use this site and obvioulsy wants to remain anonymous anyway

CFC

michaels wrote: »

Our sale fell through, so as not to lose our purchase the agent said a new mortgage buyer would take too long and found us a cash buyer who offered 4k below what we had previously accepted..turned out the buyer knew the agent and this sale was held up while the 'cash buyers' mortgage completed...hence why we don't feel as moraly obligated as we might

If you believe this to be the case, you would have recourse against the estate agent and you should speak to your solicitor immediately. Do you have any evidence or is it just suspicion?

PROFESSIONAL_LANDLORD

telfordwhite
Newbie MoneySaver



Join Date: Apr 2007
Post Count: 12
Thanked 2 Times in 2 Posts

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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.

" not tested " is a term used for REPO's..................... NORMAL people usually will give a guarantee.

michaels wrote: »

Our sale fell through, so as not to lose out

purchase the agent said a new mortgage buyer would take too long and found us a cash buyer who offered 4k below what we had previously accepted..turned out the buyer knew the agent and this sale was held up while the 'cash buyers' mortgage completed...hence why we don't feel as moraly obligated as we might

Also before anyone actively dislkies me I am actually asking for a friend who doesn't use this site and obvioulsy wants to remain anonymous anyway

Even If you sell a property £40k below what you were looking for, you are oblidged to hand over your property with the heating in WORKING ORDER.



Also before anyone actively dislkies me I am actually asking for a friend who doesn't use this site and obvioulsy wants to remain anonymous


I actually know your friend ! I've met him many times.














HE'S CALLED MR TIGHT@RSE

mr.broderick

PROFESSIONAL_LANDLORD wrote: »

telfordwhite
Newbie MoneySaver



Join Date: Apr 2007
Post Count: 12
Thanked 2 Times in 2 Posts

---

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.

" not tested " is a term used for REPO's..................... NORMAL people usually will give a guarantee.











Even If you sell a property £40k below what you were looking for, you are oblidged to hand over your property with the heating in WORKING ORDER.



Also before anyone actively dislkies me I am actually asking for a friend who doesn't use this site and obvioulsy wants to remain anonymous


I actually know your friend ! I've met him many times.














HE'S CALLED MR TIGHT@RSE

Too much info on that post

sortofok

What do you think it all means balders?

Should it concern us?