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seller lied about the boiler type

I just purchased a property. After getting the key, my builder inspected the house to prepare for the redecoration. We noticed that the central heating system is not using a combination boiler as what was claimed in the advertisement and home report. It is a conventional boiler with tanks.

I asked my solicitor to make a claim to the seller solicitor. However I was told by my solicitor that it is very unlikely that the seller will pay the fee to install a combination boiler, which would be around 4,000 pounds. My solicitor says the seller is only responsible if the boiler is not working!!!

I am frustrated, as combi boiler has been a big selling point for the property and I would not have paid that much for it if I knew it is not a combi. Is the buyer not protected from the seller's lie at all?:( Thanks

Sean
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Comments

  • Doozergirl
    Doozergirl Posts: 34,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Whether you have a combi or a convention system is neither here nor there. It's a matter of preference, unless you have a massive house, in which case you're headed down the conventional route.

    There's no loss to persue anyone for.

    A combi should never cost £4k to install only uess you're asking British Gas to rip you off.

    Why is a combi so desperately important? If you didn't even look at it, you wouldn't know if it was a 20 year old combi or a brand new Worcester conventional! Only one of those should be an issue.
    Everything that is supposed to be in heaven is already here on earth.
  • R_P_W
    R_P_W Posts: 1,508 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Did u have a survey prior to purchase?

    Always had combi, but new place has conventional boiler and tanks. It's absolutely fine!
  • anselld
    anselld Posts: 8,553 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sounds like you are in Scotland where there is actually more protection that the rest of the UK. However, you have the answer from your Solicitor who presumably know the law and the details. You are not likely to get a better answer on the Internet.
  • emmatthews
    emmatthews Posts: 678 Forumite
    I don't see the problem, but if the type of boiler was a particular issue for you why did you not inspect it when you viewed?
  • DandelionPatrol
    DandelionPatrol Posts: 1,313 Forumite
    seanking wrote: »
    I am frustrated, as combi boiler has been a big selling point for the property and I would not have paid that much for it if I knew it is not a combi. Is the buyer not protected from the seller's lie at all?
    The basic protection against lies from a seller is your own inspection or one carried out on your behalf by your surveyor - or a written confirmation. You should never take a verbal assurance at face value if your purchase is based on that assurance. A check around all cupboards etc when you viewed would have put you straight. I would say if you have any claim it is against the provider of the home report via the seller. The home report is a written representation by the seller which your conveyancer should have incorporated into the contract and you could press this point with your conveyancer.

    To be fair to the seller, some people don't really know the difference between a combi and a conventional boiler. To a certain extent, the word 'combi' is used to mean 'boiler'. But this does not excuse the Home Report.

    And finally, combis are not the be all and end all of a heating system. Good conventional fully pumped systems can be as good if not better than a combi, in that they can deliver a bath full of hot water much more quickly and they are not so vulnerable to low or fluctuating mains water pressure
  • theGrinch
    theGrinch Posts: 3,133 Forumite
    Part of the Furniture 1,000 Posts
    as said if it was so important, you should really have checked yourself
    "enough is a feast"...old Buddist proverb
  • Doozergirl wrote: »
    Whether you have a combi or a convention system is neither here nor there. It's a matter of preference, unless you have a massive house, in which case you're headed down the conventional route.

    There's no loss to persue anyone for.

    A combi should never cost £4k to install only uess you're asking British Gas to rip you off.

    Why is a combi so desperately important? If you didn't even look at it, you wouldn't know if it was a 20 year old combi or a brand new Worcester conventional! Only one of those should be an issue.

    It is at least 15 years old conventional boiler. It is not a preference when we are buying properties, isn't it? If it is not a combi, just tell the buyer that, we will lower the price on the closing date and leave the budget for the installation.
  • silvercar
    silvercar Posts: 49,136 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Why do you see the advantage of a combi?

    I can see that a 15 year old boiler may be cause for concern, just by ts age not whether it is combi or conventional. But surely you looked and saw that it was old? Did the survey say it was old or new?
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Surrey_EA
    Surrey_EA Posts: 2,046 Forumite
    Tenth Anniversary 1,000 Posts
    Combination boilers are best suited to flats and small houses, due to the fact they take up less room, but I'm not aware of any other benefits.

    I'm afraid if a specific type of heating system was so important to you, a proper inspection should have been made.
  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
    If boiler type and age concerns you perhaps you should have a look at the boiler before purchasing the property.
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