problems after collected keys to house

Vicarious

Hi all,

Was trying to find a thread that describes my situation but wasn't able to and that's why making a new one.

Story is. I've collected the keys to my new house on Friday and found out that:
1) Boiler is not working ( no hot water, no heating )
2) There is water under the tiles of downstairs toiler.

Obviously seller was never stating before exchange about those things, and it was in the documents that boiler is in full working order etc.

Can anyone advise me what can I do ? Can I clam expenses towards the seller ?
I've already contacted my solicitors re this.

Thanks for all the suggestions.

G_M

England or Scotland?

Did you have a boiler inspection done?

Did you have a survey done?

elverson

I'd contact the estate agent as well.

Is the boiler definitely broken or does it just need resetting / pressure topping up?

Vicarious

G_M wrote: »

England or Scotland?

Did you have a boiler inspection done?

Did you have a survey done?

England. Had a survey that is stating boiler was working, and had a document from the seller that boiler is working and was serviced, as it wasn't working few weeks before exchanging contracts.

elverson wrote: »

I'd contact the estate agent as well.

Is the boiler definitely broken or does it just need resetting / pressure topping up?

I've contacted them already on Friday, they've spoken to the seller that said:
"the boiler was working a week ago when I was there" and said they can't do anything more and I should contact my solicitors...

Pressure is fine, I've checked. It's something with the gas. The boiler is turning on but gas isn't, think that ignition system is broken - but I'm not an expert. Obviously gas is on - I've checked.

G_M

Vicarious wrote: »

England. Had a survey that is stating boiler was working, and had a document from the seller that boiler is working and was serviced, as it wasn't working few weeks before exchanging contracts.
So your survey confirmed what the seller had said - the boiler was workig at that time.

That does not guarantee it will continue to work for the next year, or month, or even week.

I take it that you did NOT have a boiler inspection?

Was the boiler working o the day Contracts were Exchanged? Did you check?



I've contacted them already on Friday, they've spoken to the seller that said:
"the boiler was working a week ago when I was there" and said they can't do anything more and I should contact my solicitors...

That is proobly what I would have said in their position.

Pressure is fine, I've checked. It's something with the gas. The boiler is turning on but gas isn't, think that ignition system is broken - but I'm not an expert. Obviously gas is on - I've checked.

You will need to find out what the problem is, which means paying an engineer.

If the engineer says (and writes!) that the boiler clearly could ot have been working at the date of Exchange, or the date the seller claimed (eg "it has clearly not worked for months"), then you may have a case.

Otherwise - welcome to the world of home-ownership. Your responsibility.

Similarly with the water under the tiles. You may be able to claim negligence by your surveyor (depending on many factors) assuming the water can be shown to have been there when the survey was done (again - a plumber may confirm it is a long-standing leak), otherwise, just fix it.

k3lvc

My personal experience - get our chequebook/credit card out and get it sorted from your contingency fund (you do have one ?)


In our case despite written confirmation from vendor that boiler was working/recently serviced it turns out British Gas had condemned the boiler 9m previously and 2 of the radiators had significant holes in the bottom of them/were empty.


At least we then knew that the new boiler/radiators were sound and would give us a few years service


Unless someone can give you an example of where they've successfully got money back then I'd forget pursuing it and hope that karma catches up with them eventually

Vicarious

Thanks for all your replies. Yes I've got contingency fund as I wanted to renovate the house.

It just amazes me that seller can give you false information ( boiler is working ) and after collecting keys it isn't and now I have to fix it. It's almost like buying a house in a 3rd world.

glasgowdan

Vicarious wrote: »

It's almost like buying a house in a 3rd world.

MSE needs a 'comment of the day' featured post every day!

david1951

Is it under warranty? Similar thing happened to me and I called the manufacturer and they sent an engineer out immediately. You just need the serial no. from the access panel and the internet.

eddddy

It depends how strong your evidence is of misrepresentation.

For example...

if your solicitor's pre-contract enquiry was "Is the boiler fully working?" and the reply was "Yes"...

... and you now get a written report from a gas engineer saying, for example, "The gas supply to the boiler is disconnected, so it's impossible for it to work"...

... You would have a very strong case to make a claim for damages from the seller through the small claims court.

But if the evidence is less strong, and/or the repair cost isn't too high, and/or you don't want the hassle of making a claim, you might prefer to pay and move on.


Just FYI, there are plenty of examples of damages claims resulting from 'incorrect' replies to pre-contract enquiries. For example: http://www.healdlaw.com/errors-answering-pre-contract-enquiries-costs-seller-33000/

Vicarious

Thank You edddy

have you got any links / guides how small claims court runs ? what are the fees / regulations etc ?

I definitely need a quote from a boiler expert / plumber. Then I can decide and if take action in court.