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

GlynD

googler wrote: »

Well, I've googled, and I've browsed two separate 'housing (scotland)' acts on govt websites (the actual legislation, not generic guides), and couldn't find anything corresponding to the above poster's assertions.

Never mind the petty sniping, if you have a link to a defined piece of legislation (not just a guide to the house-buying system), just post the darn thing.

Time to change your screen name then, eh?

http://scotland.shelter.org.uk/get_advice/advice_topics/finding_a_place_to_live/buying_a_home/moving_into_your_new_home

It's all included in the missives.

olias

I don't see any link to legislation in your post as requested? Only some vague advice from shelter.....

Olias

GlynD

olias wrote: »

I don't see any link to legislation in your post as requested? Only some vague advice from shelter.....

Olias

It says:

If you discover anything wrong, get in touch with your solicitor at once. The missives should specify an amount of time during which the seller is still responsible for anything that isn't working (fair wear and tear excepted). This is usually five working days. Your solicitor will arrange for the seller to pay to put it right.

Is that not enough for you?

AdrianC

GlynD wrote: »

The missives should specify

This is usually

TBH, that doesn't exactly make it sound legally enforceable, merely a convention in the drawing-up of the contract papers.

GlynD

AdrianC wrote: »

TBH, that doesn't exactly make it sound legally enforceable, merely a convention in the drawing-up of the contract papers.

The missives are the contract. They are agreed to verbally in the presence of a solicitor.

DevilsAdvocate1

And where it says "Fair wear and tear" I would have thought that would cover the knob and oven door. These things happen after a while. My cooker is only 4 years old and the timer stopped working on it just after the warranty ran out.

With regards to the windows. In both houses that I've lived in, one keyed worked with all the windows. Have you tried the keys that you do have in the windows which don't have keys?

AdrianC

GlynD wrote: »

The missives are the contract. They are agreed to verbally in the presence of a solicitor.

Yes, exactly. And this five-day period is included in them as a convention north of the border.

The query was whether there was something other than contract law to rely on. Whether there was a legal requirement for this five-day period.

"should specify". "usually".
Right now, it isn't sounding like it's any more than a contractual convention.

vivatifosi

Can't answer questions re legal aspects, but I've had a similar issue re window locks. If you have keys to some windows, check whether they open all and then order spares. If not, companies like this will allow you to photograph and helps identify them:

http://www.windowhandlekeys.co.uk/

Had a similar problem in new house in England.

GlynD

DevilsAdvocate1 wrote: »

And where it says "Fair wear and tear" I would have thought that would cover the knob and oven door. These things happen after a while. My cooker is only 4 years old and the timer stopped working on it just after the warranty ran out.

With regards to the windows. In both houses that I've lived in, one keyed worked with all the windows. Have you tried the keys that you do have in the windows which don't have keys?

AdrianC wrote: »

Yes, exactly. And this five-day period is included in them as a convention north of the border.

The query was whether there was something other than contract law to rely on. Whether there was a legal requirement for this five-day period.

"should specify". "usually".
Right now, it isn't sounding like it's any more than a contractual convention.

You'd both be wrong in those assumptions that it's a contractual convention. It is a provision under law and applies to items which you would expect to be working. Otherwise redress is only for items which cost £250 or above.

One aspect which is covered in the contract is the condition of the central heating system and any other items that are included of a working nature such as kitchen appliances.


Unless the provision has been altered during the course of the negotiation of the missives, in which case we will have discussed the matter with you, the central heating and other working items should be in the same condition as when viewed and in such working order as is commensurate with their age and type.



http://www.mmilegal.com/Condition-of-the-Property.html

adouglasmhor

AdrianC wrote: »

Yes, exactly. And this five-day period is included in them as a convention north of the border.

The query was whether there was something other than contract law to rely on. Whether there was a legal requirement for this five-day period.

"should specify". "usually".
Right now, it isn't sounding like it's any more than a contractual convention.

Contract law is part of the law and is legally binding. I don't know what you are talking about in your post, and that makes at least two of us.