New house problems

Magicmonkey

Hi everyone

Me and the OH bought our first house about 6 months ago (mid Dec) and currently have some problems that have arisen. It's been raining here for about a week non stop which has just revealed to us that the damp course in our living room isn't working properly (damp patch appeared on an exterior wall) and the roof leaks in one of the bedrooms.

Both these problems were highlighted in our survey which we pushed back to the seller and told him we wanted fixing before we bought. A couple of weeks later he came bsck to us and said hed completed the repairs, which we now know he didn't.

Before I start wracking up solicitors bills chasing this does anyone know if I've got a chance of getting him to cover the repairs (all comms were via email and through solicitors so it's all in writing). Or is this a case of buyer beware and I'm going to have to pay for it myself?

Any help greatly appreciated.

Boatdweller

Did you get proof repairs were actually carried out?

Magicmonkey

Only the seller's word in writing.

Magicmonkey

Just to clarify this went through our solicitors and we stipulated that the sale was conditional on the repairs being done.

Boatdweller

No receipts? No guarantee of work? Why not?

Magicmonkey

Because it all went through our solicitors. We'd told them we'd only buy if the repairs were done, so when our solicitors told us they'd had confirmation we assumed we were good to go.

davidmcn

If they didn't do anything, it seems odd that it's taken six months for you to notice.

Magicmonkey

I think that's just down to the amount of rain we've had recently. Since we bought it's rained here but only heavily once and that was only for half an hour. But this last week it's been literally non stop thunder storms for 6 days.

It would also seem a little coincidental that the leak is in the exact same place that the survey identified.

david1951

Your solicitor will still have your file and you can request a copy (or the actual file) for a small admin fee. My first step would be to look through it and work out what he agreed to, and what evidence he provided to satisfy your solicitor that he completed the repairs.

There is a chance he did the repairs and they have simply failed, in which case I think you would struggle to recoup any costs.

G_M

I simply cannot believe (well, OK, I can but....) that you did not request/demand the builder's receipt(s) for the work!

Presumably you saw the quotation for the work which stated precidely what the builder was going to do.....?

And you approved the choice of builder.......?

If not, frankly you have been naive in the extreme.

Yes, you might have a claim against the seller provided

* there is clear evidence that the sale was conditional on work being done, and that work was specified and agreed in detail

* there is proof that the work was not done - the leak in itself is not proof. It may be a new leak.......

I guess it might be worth the £50 it will cost you to get your solicitor to write a letter (or do you have legal cover?), but I would not hold your breath.

Probobly easier (maybe cheaper and certainly quicker) to just get a man + ladder to fix the tiles or whatever. How bad IS the roof?

As for the damp proof course - it is very rare for a dpc to fail, and even if it does, there are many who deny the existance of 'rising damp'.

there is far more likely to be another reason for the "damp patch appeared on an exterior wall". During the rain, did you inspect the exterior? Wete the gutters working/overflowing? Do the down pipes work/blocked? What about the drains? What is the ground level like outside where the damp patch is?

Any of those is far more likely to be the cause than a dpc problem.