Should we pursue it?

lozzaj83

We purchased our first house in July this year.

I then gave birth to our first son within days of us recieving the keys. It was only until we decided to redecorate the lounge in October this year that we found the gas fire place had been badly fitted. So much so that a builder who was here mentioned that it should be condemned as it could have killed us. Espically if me and the baby we're playing in the same room. I have a gas safety engineer coming out next week to write a report on it, however is it worth pursuing the case legally with the vendor or estate agents for selling a potentially lethal house?

anselld

No. I was up to you to establish the state of repair of the property & fixtures through your own inspections.

LEJC

Its a difficult situation to be in,but most EA's have a disclaimer on property details that reads along the lines of none of the appliaces or fitted elements are tested.
Also surveys etc would not pick this up as again they do not test the appliance...In that respect the house is sold as seen unless prior to exchange you comissioned your own report to check the condition of the fittings.


If that were the case and you have prior to exchange something to say the appliance was dangerous,then yes you can and should go back to challenge that report however if you have not purchased additional checks as part of your house purchase I would suspect you have little to go on in passing back the problems.

lozzaj83

anselld wrote: »

No. I was up to you to establish the state of repair of the property & fixtures through your own inspections.

We would never have known about this unless we took the Fire surround off during the inspection.

Hedgehog99

Unless your vendor gives you recent paperwork about the servicing of gas appliances, I'd always reckon on getting it checked by someone qualified. Caveat emptor.

lozzaj83

From the outset the gas fire was working they even had it on when we viewed the property. We also had the gas meter changed and thr gas engineer tested it for a short period. However when we removed the surround when decorating the gas fire is propped forward with bricks. The flames go up the front of the chimney breast and not up the flue. Therefore carbon monoxide pouring into the lounge. Your right that it wouldn't have shown up on inspection reports but the previous owners who fitted it would know it's dangerous?

lozzaj83

Hedgehog99 wrote: »

Unless your vendor gives you recent paperwork about the servicing of gas appliances, I'd always reckon on getting it checked by someone qualified. Caveat emptor.

We have someone coming next week.

anselld

lozzaj83 wrote: »

We would never have known about this unless we took the Fire surround off during the inspection.

Installation of a gas fire is notifiable to Building Control. Your solicitor should have requested the BC Compliance Certificate which would have been issued by the Gassafe installer. Not necessarily a guarantee that it has been fitted correctly, but at least you would have some comeback against the fitter.

LEJC

lozzaj83 wrote: »

but the previous owners who fitted it would know it's dangerous?

How would they know it was dangerous...?

harrys_dad

What do you want to "pursue" them for? Surely if the fire is as dangerous as your "builder" suggests, with "carbon monoxide pouring into the room" then the previous occupant would be dead? Perhaps when buying the house you should have requested gas safety certificates, or knowing that these are not a requirement of sale got your own.

lozzaj83

They took out an indemnity policy to cover the gas certificates as they couldn't produce one of their own.