Advice on indemnity and who responsible?

Catgirlyn

We've sold our house and having the usual issues with solicitors. They're now saying because I can't prove the windows were fitted prior to April 2002 I will have to buy an indemnity policy for my new buyers.

Basically I moved into the property in 2007 and the windows have not been changed while I've been here. They do need changing as many are misted up now. However despite me telling our buyers that when they viewed they've told their solicitor they believe the windows are new?!?!?! Anyway I have stated they're not but have no certificate from previous buyer to say when they were fitted or fensa certificate, etc. I did live in the house that backs onto this one and can say I saw them being installed between 2001-2003 but surely I shouldn't have to pay an indemnity for the windows?? I have asked why my solicitors when I bought the house didn't request an indemnity if they believe one is needed.

david1951

You can simply refuse, in which case the buyers will need to buy the indemnity. There is always a grey area as to who should pay, but there are no rules and ultimately it falls down to whether it's a buyers market or a sellers market.


How much is the indemnity?

teneighty

You can sometimes find the date the double glazed units were made stamped into the aluminium spacer around the edge of the double glazed units. Look through the glass around the edge, you might get lucky.

lincroft1710

Council Building regs departments do not go round demanding Fensa certs. This business of indemnity insurance is just a cash cow for solicitors and insurers!!

Catgirlyn

Thank you will have a look on the windows. If it was an oversight on our part I'd pay the indemnity about £150 but I'm interested to know why the buyers solicitors which were also my solicitors when I bought the house didn't request the indemnity for me. They're being awkward about everything. We accepted a lower offer on the house as we know the windows will need replacing soon.

lewishardwick

You could try and check here:
http://www.fensa.co.uk/asp/certificate.asp

If your windows were indeed registered, they will re-do you a certificate for £20. Much cheaper than an indemnity policy and should shut up the solicitor.

david1951

As stated above the indemnities are (IMO) becoming a joke and solicitors must be doing deals, or at least having nice drinks receptions with, the insurers so that they all earn extra cash. The chances of a council officer walking past your house, then randomly deciding to inspect your windows are, I would say, quite low.

Any solicitors out there care to enlighten us?

LittleMax

Catgirlyn wrote: »

I'm interested to know why the buyers solicitors which were also my solicitors when I bought the house didn't request the indemnity for me.

I would instruct your solicitor to reply that you feel the indemnity policy is not necessary, as per your previous solicitor's advice to you in 2007, and if they want such a policy they should purchase it themselves.

Clutterfree

£150 seems quite steep.
We are having to pay £55 for an indemnity on our windows because our buyers solicitor said it was needed.
It isn't worth us losing a sale over such a small amount, even though I'm 99.9% sure our buyer will never need to claim on it.

Hoploz

Check out the Fensa website.
If it's not on there tell them you simply don't have the info. It's not for you to prove the windows are pre-2002. (But I would leave out the bit about seeing them being done around that time!) If the buyer wants an indemnity they can waste their own money on it.