New owners chancing their luck

kingrulzuk

Hiya all

Just sold my house last week and everything was going good

But now this week I got a letter from my solicitor saying:

I have had a letter from the Purchaser’s solicitor advisingthat the boiler is not working and they are concerned there may be a gas leak.Given this is a potentially dangerous issue, they are treating it as anemergency repair and they have arranged for an inspection to be carried out.

They will be back in touch once they have the report tohand.

So the next day I get this email: Please find attached the engineer’s report, confirming that the gas supply has been turned off at the property.

But when I check the report all it says that the boiler is not working. And does not give any reason why. also the boiler was working the day b4 i gave the keys away. i checked everything.

So I call the new owners and arrange for my own gas engineer to check. But when we arrived at the property there was no one there. Waited 15min and called the owner but no answer. Left a voice mail.

Now I have spoken to my solicitor and asked them to arrange it tonight.

But I have a feeling the new owners just want a new boiler and are chancing their luck

Any advice

DRP

Why do you care what the new owners do with their boiler?

It has nothing to do with you, your engineer or your solicitor... unless there's more to the story than you've mentioned?

gazfocus

I believe that they would need to allow you to send a professional gas engineer to test the boiler before demanding a new boiler. At the end of the day, it could be a very simple fix (our boiler constantly loses pressure and stops the central heating/water from working, but we know it's a simple leak in a pipe that we need to get fixed).

How old is the boiler in the house?

marleyboy

We have just purchased our new home. But only on condition that the boiler had passed a certified gas certificate of safety. It was one of our main conditions before the sale, they originally ignored the request, with their solicitor reporting it simply "had not been done".

On replying that we will be pulling out of the deal if the request was not done by the end of the week, it was completed by the next day.

I would never buy a property without issuing such a condition as boiler repairs\replacements can be very expensive, am surprised the buyers did not request one but as has been said, its no longer your problem, they should have insisted before purchasing.

mufi

DRP wrote: »

Why do you care what the new owners do with their boiler?

It has nothing to do with you, your engineer or your solicitor... unless there's more to the story than you've mentioned?

Unless they've moved Edinburgh, the OP is in Scotland. They do things differently.

AlexMac

mufi wrote: »

Unless they've moved Edinburgh, the OP is in Scotland. They do things differently.

In England you'd ignore them as its no longer the seller's problem after completion unless there has been deliberate fraudulent mis-representation.

Are you saying that, in Scotland, having bought a house, and (presumably) underatken surveys, a buyer can then go back to the seller for faults or imperfections? Don't the Scots have a word for caveat emptor? (OK, 2 words?). And if the roof blows off next week will you fix that too? Or the TV Ariel....

If so, that's barking. In each of my two last purchases the boiler was shot. I replaced them in the first couple of weeks. That's life.

Wid a Scottish lawyer please enlighten me? An' remind me nivver tae return tae ma' hameland if that's the case

AlexMac

kingrulzuk

Just saw the PDF and it does say that in : Standard clause 3 shall be limited to the heating and plumbing systems(including the boiler) only and shall exclude (Without limitation) and standalone applinces.

so stressed out

kwmlondon

Speak to your solicitor. Find out your obligations and be as well informed as you can. Also, can you speak to your estate agent? Mine was very useful when it came to finding decent workmen as they also manage properties so ask them what they'd advise. Your EA will want to keep you onside so you'll use them again so they will probably give you useful advice as well.

Good luck.

kingrulzuk

kwmlondon wrote: »

Speak to your solicitor. Find out your obligations and be as well informed as you can. Also, can you speak to your estate agent? Mine was very useful when it came to finding decent workmen as they also manage properties so ask them what they'd advise. Your EA will want to keep you onside so you'll use them again so they will probably give you useful advice as well.

Good luck.

Spoke to both and they said to take my own Gas engineer and check. but when i did last night there was No1 home after me calling the new owner and telling them i was going to come at so and so time.
Jut a email from solicitor that the new owners have agreed tonight to give me and my engineer access.
So lets wait and see

G_M

Before rushing in and talking to the buyers, or sending in your engineer, get advice from your solicitor about what you liability is or might be.

Running round there as you have, is tantamount to admitting responsibility! Back off!

The starting point here is that the boiler now blongs to them and is their responsibility. If they are claiming you have a contractual responsibility, they must prove it.

jennifernil

In Scotland there can be some comeback for the purchaser, there are standard clauses in the paperwork such as......

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."