can estate agent be found responsible

G_M

Davesnave wrote: »

Oh, for goodness sake, it's HETAS, not HEATAS!

Sorry Dave.

In my defnce I ct and psted frm OP...

murphster

I do apologise about the A. I to be honest I realistically have no intention of taking anyone to court. I have been through a huge ordeal in the last week and gone through a range of emotions, shock, panic, relief, worry, frustration and anger that somebody / anybody could be so careless, I would never get work done to by house by anybody but an approved person, to me this is the same as a garage selling a car with brakes that had not been fit properly, a decent garage would check.

I am not an expert on house buying or selling or for that matter fires and stoves, probably like most people in this country, that is why we pay experts. Until this all happened I had never even heard of HETAS, I imagine neither had the sellers (I believe the fire was fit by the owners before them), however estate agents and surveyors are experts , they deal with these things every day. It never occurred to me to get the fire checked, I didn't know about the regulations, but I would expect experts to have heard, the same way accountants know a lot more about tax regulations than I do and doctors the medicines I take.

I have made a huge error, one that is likely to cost me thousands of pounds to put right. I will take responsibility for this and it will get sorted out. I asked one question, out of frustration really, I want somewhere to direct my anger, it is easier than taking the blame myself. Polite replies would have been enough, no you do not have a leg to stand on it is something you should have checked. I could do without sarcasm and certainly not for a typo.

Davesnave

murphster wrote: »

I could do without sarcasm and certainly not for a typo.

I think if you read the posts calmly and objectively, you'll see that there is no sarcasm regarding your typo. I had a go at everyone else following your lead, that's all.

After that, there was a bit of banter between regular posters, none of which was directed at you. I found GM's response particularly funny. I deserved it.

If any of your post caused a giggle, it was your title, but only because most of us regulars know that estate agents do their damndest never to be held responsible for anything. Just read their small print!

You are still telling us that EAs are 'experts,' presumably because they see many properties, but this like saying that someone who runs a bouncy castle must know a lot about child psychology. Yes, some EAs have a good knowledge of property, but there are no formal qualifications and there are plenty doing the job because they'd be useless in other environments. Apart from RICS surveyors, they certainly shouldn't be compared with doctors and accountants.

Finally, you are jumping the gun. Several posters here, including me, have tried to allay your fears about not complying with regulations.

Let us know how your claim goes, but i'm sure the 'historic' nature of the install will ensure you're in the clear.

murphster

I am feeling very stressed at the moment. As well as not being an expert in house buying or selling, other than paying the premiums year on rear, I have absolutely no clue about insurance. I've never made a claim, but it always looks to me that insurers find any way possible to avoid paying out, look at all those poor flood victims. My stress has not been helped by having to wait so long for a loss adjuster (he's already missed one appointment because his car broke down) and in the mean time I am stuck looking at this huge mess. Also the engineer has wound me up a bit, pointing out all the flaws and cost of putting right.

Clutterfree

Murphster, the most important thing is that you and your family are safe.
It could have been a hell of a lot worse.
Take care x

Davesnave

We can't remove your all your worries, but no one on the insurance board has contradicted anything said here.

The main lesson to learn, regardless other factors, is both smoke and CO detectors are essential when using stoves or open fires.

ScorpiondeRooftrouser

It continues to amaze me how people are convinced that they have bought their house from an estate agent.

bouicca21

OP, if it helps I currently have a huge insurance claim in hand. I know all about stress and sleepless nights, but since the loss adjuster's visit I have felt loads better. The loss adjuster and the insurance company have been helpful and supportive. No attempt to duck payment.

I will not know the exact cause of the problem until remedial work starts but it is pretty obvious it is down to faulty installation. The insurance company are muttering about suing the original contractor to recoup their loss; but they are not welching on the payout.

AdrianC

Missus_Hyde wrote: »

Unfortunately railway sleepers (although they may look the part) don't make very good mantelpieces as they tend to be impregnated with an oily substance, which can be quite flammable.

That depends on the "railway sleeper". If it's one that's been used on the railways, then - yes - it may be impregnated with some very 'orrible preservatives, which make their presence felt in a distinctly oderiferous way whenever they get warm - even in the sun. Which means it's VERY unlikely that's what's been used above a fireplace.

Not even all recycled sleepers are treated, though - http://www.uksleepers.co.uk/product-catalogue/Reclaimed_Untreated_Railway_Sleepers and plenty of similar sources. Or it may be a new untreated hardwood or even softwood beam which has been described as a "sleeper".

Either way, one thing's for certain - that kind of chunk of timber won't catch light on a whim. Either it was installed ridiculously close to the stove - which would have been blindingly obvious to even a layman - or that woodburner must have been chucking out SERIOUS heat to the point where, if the stove really is that oversized for the room, the OP and his family must've been huddled in a corner sweating. It will certainly have been charring and probably smoking for quite a while before actually igniting.

googler

murphster wrote: »

I am not an expert on house buying or selling or for that matter fires and stoves, probably like most people in this country, that is why we pay experts. Until this all happened I had never even heard of HETAS, I imagine neither had the sellers (I believe the fire was fit by the owners before them), however estate agents and surveyors are experts , they deal with these things every day.

There's a limit to the expertise and scope of EA and surveyors' work, though. And you didn't pay the EA who sold the house to you - the seller did.

For instance - the instructions for my fridge-freezer state that there should be a certain clearance above and to the rear for air circulation. If you moved into a house where the FF (included in the sale) was boxed in, would you expect the EA or surveyor to have checked that?

Building regulations for loft extensions specify, for instance - head heights of stairways, joist sizes, other matters regarding ventilation. If you found any of these to be lacking, would you have expected the EA or surveyor to have checked them all individually?