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

GlynD

Tancred wrote: »

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

There's a difference. Scottish Law is actually better in this respect which is why England was planning to adopt certain facets of it.

What the OP should do is report the issues to their own solicitor and take advice. There may be a certain recompense forthcoming. It's not a foolproof system but it does work a lot of the time.

Gwhiz

Tancred wrote: »

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

Scottish law very different to English in property selling matters.

googler

Tancred wrote: »

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

No, I'm referring to Scots law, since the OP specifies it was a purchase in Scotland.

Many of the replies above mine refer to the situation in England and Wales.

googler

kitkatmarsbar wrote: »

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

This could come under the 5 day rule in your missives, but it could also be argued that the system AS A WHOLE is in 'working order commensurate with age', if the rest of it is all OK.


2) both garage doors don't operate properly

In what sense? Are they electrical doors? If so, again, they MAY come under the definition of 'electrical systems' in the missives

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

Again, if only one ring is affected, it could be argued with the rest operational, the cooker as a whole is in 'working order commensurate with age'.

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.

Was this included in the missives, though? Merely discussing it doesn't make it part of your contract to buy. If your solicitor put it in writing in the missives, and the seller's solicitor accepted this, then that does make it part of the contract.

googler

kitkatmarsbar wrote: »

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.

I think you'll find that any mention of these items in a sales brochure won't mention their working condition, and also that the brochure will contain a disclaimer from the selling agent to advise that anything of a working nature has gone untested by them.

The contract is dictated by the missives, not by the brochure, unless the missives specify what should be taken from the brochure to form part of the contract (usually inclusions and exclusions such as appliances, furniture, etc.)

AdrianC

If the house was only built eight years ago, isn't there the balance of the 10yr NHBC guarantee?

Whether it's any use or not is another question - most of the things look really minor and easy to fix, and quite likely would fall under their own warrantys (albeit almost certainly expired) rather than NHBC, though.

Biggest deal on there looks to be the garage doors - and you'd be surprised how cheap & quick to fix they almost certainly are.

artbaron

If you think a cooker dial and a faulty oven door are 'horrible problems' then my advice would be don't move house again. Repair these minor problems yourself and think yourself lucky you didn't actually encounter 'horrible problems'.

GlynD

artbaron wrote: »

If you think a cooker dial and a faulty oven door are 'horrible problems' then my advice would be don't move house again. Repair these minor problems yourself and think yourself lucky you didn't actually encounter 'horrible problems'.

There is a certain expectation under Scottish Law that some things will function as you would expect. If they don't then the buyer can expect them to be put right by the seller.

witchy1066

Thrugelmir wrote: »

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.

this is so true ^^^ but sellers on this forum have complained about buyers and house viewings (how many is acceptable) , and what is acceptable to inspect , some would consider opening the oven a step to far ,
so what is a prospective buyer to do ?

googler

witchy1066 wrote: »

this is so true ^^^ but sellers on this forum have complained about buyers and house viewings (how many is acceptable) , and what is acceptable to inspect , some would consider opening the oven a step to far

If the oven or cooker is included in the sale, inspection of said oven or cooker, internally and externally, is not a 'step too far'.