Boiler dangerous in house I've just purchased

Sue_Ewers

The sellers of the house which is 18 years old stated verbally and in writing the the boiler had been serviced and was currently on a service plan with British Gas
They filled in the forms stating this to our solicitor
Upon possession of the property there was water in the kitchen worktop this was leaking from the boiler above. I called the seller to ask details of the service plan.She became very defensive and still stated it had been on a plan and serviced
When British Gas came the condemned the boiler as unsafe and a danger to life and diconnected it. They completed a report which stated the boiler had not been serviced and they had cancelled the plan. The boiler cover had not been removed for a very long time as it was corroded up
I have had no hot water or shower for a week and have had three quotes all around £2300 to put in a new boiler
Am I entitled to recompense from the sellers?
Have they broken the law?

glentoran99

What did your survey say about the bolier?

FOREVER21

What is the time span of events? Have you just recently moved in?


If so my plan would be to contact the solicitor who holds the pre purchase reports and see what he advises.

shaun_from_Africa

glentoran99 wrote: »

What did your survey say about the bolier?

Most, if not all pre-purchase surveys wouldn't include things such as boilers and other gas appliances simply because it's extremely unlikely that the surveyor would be qualified to inspect and report on these.

Sellers do not have to voluntarily disclose defects with their property but if specifically asked then they must be truthful and equally, anything that is written on the property information form must also be true.

oldagetraveller

glentoran99 wrote: »

What did your survey say about the bolier?

They usuallly state that nothing has been tested, e.g. electrics, gas fires, appliances, gas boilers etc. and recommend that independent reports are obtained before buying.

Posted sme time as Shaun!

cajef

The last property we sold we were asked by the buyers solicitor to supply copies of the last service reports by a qualified engineer, we also requested the same for the house we bought.

Sue_Ewers

The completion was on Friday 1 July and we went over on the Tuesday 5 July to take some bits and noticed the water on the worktop
Rang the seller who was vile
Rang British Gas who came out on Saturday 9 th July who condemned it and said it was a threat to life and cut off the gas supply
We moved in but have had no hot water no shower for a week
We have had a new boiler put I over the weekend but now owe £2300
The seller has lied and I wonder if I can claim anything back
Our solicitor said we can't but has written to the sellers solicitor to ask
For them to pay
I can take them to the small claims court but wondered if we are entitled to recompense

Alice_Walker

It's surprising how quickly corrosion can occur. My boiler was recently replaced due to a fault, looked a mess when opened up but was fine when serviced last August. What exactly did the seller state on the information form?

I expect the earlier poster was alluding to a gas check prior to purchase. Did you not do this?

lincroft1710

BG are renowned for condemning boilers, unfortunately it is too late for you to get a second opinion.

dj1471

As suggested it was your responsibility to get the boiler checked prior to purchase.

However if the seller has lied about it having been serviced and you can prove it, then potentially the seller is liable. But you need to bear in mind that the defect could have occurred after the last service. You need to progress this with your solicitor, they are the person you are paying for legal advice.

shaun_from_Africa

dj1471 wrote: »

But you need to bear in mind that the defect could have occurred after the last service. You need to progress this with your solicitor, they are the person you are paying for legal advice.

But according to the OP, British gas have stated that there was no current service plan in existence for the boiler and no recent service had been carried out which is contrary to what their seller stated.