New house. Broken boiler

gaskill

First post so apologies if this subject has been covered or I am posting in the incorrect place.

So we exchanged last Friday and moved in on the Saturday. Went to turn on the boiler and nothing at all, gas is working, all the boiler valves are in the correct position. I downloaded the instructions for the boiler and still no joy.

My main question is, who is liable? Myself as the new home owner or the vendors?
Our contract clearly states that the bolier works and was last serviced in December 2015.
Spoke to the estate agent who weren't a great help.

Email sent to our solicitors who seemed to suggest the vendor's solicitors won't be that helpful

Any help would be greatly appreciated.

The boiler is quite old (10 years) and in all likelihood would need to be replaced in the future but it's principle of the matter in this case.
On a side note the vendo has also not cleared the shed and left a washining machine that wasn't part of the contract either

Money_saving_maniac

Vendor definitely has to clear the shed or you can tell them you will do it and send them the bill if they refuse or don't do it on an agreed timeline.

The boiler is trickier. I suspect they will say it worked before they left...

G_M

1) England or Scotland? The law is different

2) Did you have the boiler inspected? What did the report say?

3) Was the boiler working on the day contracts were exchanged?

4) What exactly does the contract say?

gaskill

Sorry, in England
We inspected the boiler on the viewing day but that was back in March.
The contracts were exchanged on the Friday but we only got into the house on the Saturday.
I will havee to look at the contract for the exact wording but in the contents and what's inlcuded in the price etc... There is a question 'what type of boiler is in the property (oil/gas)
And 'does the boiler work' in which the vendor has written 'yes'

gaskill

The fuse in the plug for the boiler had blown too so I do wonder when the last time it had been used or possibly a power surge and something's blown internally?

phatbear

The point about boiler inspection isnt about you having a look its about a qualified professional having a look pre purchase.

The burden of proof would lie with you to prove it wasnt working pre completion the seller will claim it did work and the boiler just happened to break on the point of completion.

In a round about way what im actually trying to say is its your property and your boiler so its your problem

G_M

gaskill wrote: »

Sorry, in England pity. You'd have more rights in Scotland!
We inspected the boiler on the viewing day but that was back in March.
If the boiler was not working on the day of Exchange, it does not need to work at Completion. You did not check so you do not know
The contracts were exchanged on the Friday but we only got into the house on the Saturday. see above
I will havee to look at the contract for the exact wording but in the contents and what's inlcuded in the price etc... There is a question 'what type of boiler is in the property (oil/gas) I assume the boiler was identified correctly!!?
And 'does the boiler work' in which the vendor has written 'yes'

So the seller confirmed that back in March the boiler was working. The seller made no contractual commitment that it would still be working in June.

(unless the wording is different)

I'm guessing the answer to my question 2) is "No."

[Deleted User]

I think you are going to have to get someone round to look at it and also ask them if there is any indication as to how long the boiler hasn't been working for. They might not be able to tell, but if they can it will help you enormously. At least then you will know what the problem is and how much to repair it.

ThePants999

phatbear wrote: »

The point about boiler inspection isnt about you having a look its about a qualified professional having a look pre purchase.

The burden of proof would lie with you to prove it wasnt working pre completion the seller will claim it did work and the boiler just happened to break on the point of completion.

Wrong way round. The seller will claim it was broken on exchange. The OP needs to prove it was working at the point of exchange, as the condition on completion is supposed to match the condition on exchange.

Norman_Castle

I would find out the cost of getting it working before disputing the liability. It could be an £80 call out or a £1000 new boiler. The cost should dictate how hard you try for reimbursement.

If you need to remove the washing machine test it to see if it works then offer it on freecycle. Someone will be grateful for it.

pinkshoes

gaskill wrote: »

The boiler is quite old (10 years)

10 years is old??????

Our is 29 years old... (We are hoping it will hold out another couple of years!)