Problems with the house after we've moved in & sellers won't acknowledge them

kitkatmarsbar

Help! Looking for any advice please

Moved into our new house and found a few faults in there and reported it to our solicitor within 5 days which is the rules here in Scotland.

Faults of this 8 year house were:

1) thermostats at broken off the Livingroom heater which makes it in op to turn the temp up or down

2) both garage doors don't operate properly

3) no keys left in any of the windows and some of them have been locked which means we can open half of them

4) oven door fell off thee first time we opened it!

5) no old alarm code left for us to change it to new code

6) knob missing from cooker which makes on the rings in op as we can't turn it on


Their solicitor finally replied 3 weeks later wi them basically saying

1) no knowledge of thermostat broken off so they will not do anything about it

2) oven door was fixed and working before they left so they won't do anything about it

3) they are still investigating about the Windows and will get back to us

4) garage doors were working before they left but we can get 3 quotes and pass it on to them and will take it from there

5) instructions booklets were left on how to change code

6) get a quote from b&q and they will replace knob on cooker

So they are saying they are denying the door had a problem when they left and won't fix it and they may fix garage doors?!

I will definitely get quotes and pass it on to them and I'm goin to get quote on oven door as well. I'm so mad that they have came back with this reply-I can't make up an oven door falling off jus to get a new oven! I had reported that door need to be fixed before we signed the missives as I noticed it didn't close properly which they said they will.

I'm worried that they are just going to keep denying there was any problems and ill end up with a huge bill.
I'm not even sure how much this is going to cost with the letters back and forth between the solictors.

Jus wondering has anyone had problems like this before with problems with the sellers after they had purchased the house and what was the results and any advice please!

So sad I'm not getting to enjoy the new house with this horrible problem

BitterAndTwisted

Your house now, so your issues to fix and pay for.

comeandgo

But in Scotland we do have a time period to bring issues to the front like the OP is doing but must admit I've never given the guarantee much credence as it could just end up an argument, I left it in working order, you or your removal men must have broke it/lost it.

Thrugelmir

kitkatmarsbar wrote: »

So sad I'm not getting to enjoy the new house with this horrible problem

Unfortunately people spend more time examining second hand cars than they do the property they are purchasing.

In time you'll forget about this minor inconveniences.

Tancred

kitkatmarsbar wrote: »

Help! Looking for any advice please

Moved into our new house and found a few faults in there and reported it to our solicitor within 5 days which is the rules here in Scotland.

Faults of this 8 year house were:

1) thermostats at broken off the Livingroom heater which makes it in op to turn the temp up or down

2) both garage doors don't operate properly

3) no keys left in any of the windows and some of them have been locked which means we can open half of them

4) oven door fell off thee first time we opened it!

5) no old alarm code left for us to change it to new code

6) knob missing from cooker which makes on the rings in op as we can't turn it on


Their solicitor finally replied 3 weeks later wi them basically saying

1) no knowledge of thermostat broken off so they will not do anything about it

2) oven door was fixed and working before they left so they won't do anything about it

3) they are still investigating about the Windows and will get back to us

4) garage doors were working before they left but we can get 3 quotes and pass it on to them and will take it from there

5) instructions booklets were left on how to change code

6) get a quote from b&q and they will replace knob on cooker

So they are saying they are denying the door had a problem when they left and won't fix it and they may fix garage doors?!

I will definitely get quotes and pass it on to them and I'm goin to get quote on oven door as well. I'm so mad that they have came back with this reply-I can't make up an oven door falling off jus to get a new oven! I had reported that door need to be fixed before we signed the missives as I noticed it didn't close properly which they said they will.

I'm worried that they are just going to keep denying there was any problems and ill end up with a huge bill.
I'm not even sure how much this is going to cost with the letters back and forth between the solictors.

Jus wondering has anyone had problems like this before with problems with the sellers after they had purchased the house and what was the results and any advice please!

So sad I'm not getting to enjoy the new house with this horrible problem

Were any of these issues found in the survey? Your surveyor should have picked up on most of these.

adouglasmhor

BitterAndTwisted wrote: »

Your house now, so your issues to fix and pay for.

No it's not just their problem, it's a contract issue with the seller and the law is on their side.

Tancred

adouglasmhor wrote: »

No it's not just their problem, it's a contract issue with the seller and the law is on their side.

Indeed. I am due to move into a newly purchased house soon and if anything like this happens I will start world war 3! :mad:

kitkatmarsbar

The normal survey will not pick up on issues like the oven door or garage doors working as they don't test these things.

In scotland we have 5 days to report any faults in the house. They sold the house with a working oven, alarm and garage doors in the brochure so in theory they have not been honest in their advert then.

adouglasmhor

comeandgo wrote: »

But in Scotland we do have a time period to bring issues to the front like the OP is doing but must admit I've never given the guarantee much credence as it could just end up an argument, I left it in working order, you or your removal men must have broke it/lost it.

We had a few and the seller was a right beatch about them - in the end I did most of the work myself. A few weeks later we had sheriffs officers round looking for her and though I had no forwarding address I was able to help them out with the address of her current workplace, karma is a bigger beatch than she was.

googler

kitkatmarsbar wrote: »

In scotland we have 5 days to report any faults in the house. They sold the house with a working oven, alarm and garage doors in the brochure so in theory they have not been honest in their advert then.

Um, no, you don't have 5 days to report ANY fault, you have 5 days to report anything not working in accordance with the terms of your missives, or contract clauses.

What does your solicitor advise? You're paying him/her, not us.

Typical standard clauses are posted on the Law Society website; they vary according to region of the country, but a typical clause reads;

3. CENTRAL HEATING ETC.

(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.
(c) The Seller will only be responsible for carrying out any necessary repairs to put any system or appliance into such order and shall have no liability for any element of upgrading (except to the extent such upgrading is required to put any such system or appliance into such order).
(d) The lack of any regular service or maintenance of any system or appliance
or the fact that it may no longer comply with current installation regulations shall not, of itself, be deemed to be a defect.
(e) The Purchaser shall be entitled to execute any necessary repairs at the expense of the Seller without reference to the Seller or the Seller’s tradesmen (i) in the event of an emergency; (ii) in the event that the Seller’s tradesmen do not inspect the alleged defects within 5 working days of intimation; or (iii) in the event that any necessary repairs are not carried out within 5 working days of inspection.
(f) The Seller confirms that he has received no notice or intimation from any third party that any system (or any part thereof) is in an unsafe or dangerous condition.

In the clauses I'm looking at, there's no hint that anything other than defined above can be claimed for under a 5 day rule. I suggest you and your solicitor consult on what the exact wording of your missives were, and judge how many of the points you raised come under this heading.

Tancred

googler wrote: »

Um, no, you don't have 5 days to report ANY fault, you have 5 days to report anything not working in accordance with the terms of your missives, or contract clauses.

What does your solicitor advise? You're paying him/her, not us.

Is it is the same in England? Or is there a difference?