Boiler dangerous in house I've just purchased

dj1471

shaun_from_Africa wrote: »

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.

I wouldn't trust BG on that one, besides which I'm not sure they'd give information on a contract in someone else's name due to data protection.

It is for the OP's solicitor to establish whether sufficient proof exists, not random people on a forum who aren't in possession of the PIF, the written statements made by the vendor or the written report from BG.

arcon5

Your solicitor has already advised you, nobody here is more qualified to offer a response

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

Sue_Ewers

Thank you for all your advice
I understand that the law was buyer beware but new laws came into force which makes the forms and statements binding
The guy from Britsh Gas has given information regarding the history of the boiler and written a report which states the sellers did have a contract with them but had cancelled it and the boiler was last serviced by them in 2013
The seller said she had cancelled the contract on the day before completion but that would seem to be another lie

shaun_from_Africa

dj1471 wrote: »

I wouldn't trust BG on that one, besides which I'm not sure they'd give information on a contract in someone else's name due to data protection.

The OP already knew the name and address of the person whose name was on the contract and that contract would be relating to property that the OP now owns so provided that British gas didn't disclose any other personal or sensitive information (such as the method & details of payment etc), I can't see that they would be breaching the act.

All they have told the OP is that the contract was not in force at the time they took ownership of the property and I would have though that this would be information that they would have to give if asked by the owner of the property that the contract covered.

Personally, I would suggest that you seek advice from an independent solicitor as I find it strange that the solicitor you used for the purchase has stated that you have no comeback as they must be aware that the property information form is a legal document and lying on it can leave the sellers open to prosecution.

https://www.stephensons.co.uk/site/individuals/srvdisputes/property_misrepresentation_claim/
https://www.theguardian.com/money/2003/mar/04/property.homebuying

Assuming that is was a standard Property information form:
http://www.samconveyancing.co.uk/userfiles/modules/directory/news/705/user/74/TA6-specimen-FINAL.pdf

It clearly states the following:

It is very important that your answers are accurate. If you give incorrect or incomplete information to the buyer (on this form or otherwise in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), the buyer may make a claim for compensation from you or refuse to complete the purchase

Leo2020

When we bought our house we were showed the last service document by the vendor. Too late now but for future reference it is worth asking to see the documentation - if they've had it service then they should not mind showing you the paperwork. We kept all the service documents barring one we lost for our old house. I keep all documents for our new house just in case.

Of course the vendor shouldn't have lied to you but if the boiler hadn't broken down straight away and had lasted months or years then you would have been non the wiser - something which is entirely possible and probably what the seller was hoping for. That's why you should get stuff checked out before hand - it is easier if you know about any problems and get them sorted before moving in than it is to try to prove a vendor was lying and claim back from them after.

Brooker_Dave

I'd find an indi heating engineer and get the boiler fixed, when ours went wrong BG just wanted to replace it, I assume that's how they make the biggest profit?

hollydays

Sue_Ewers wrote: »

Thank you for all your advice
I understand that the law was buyer beware but new laws came into force which makes the forms and statements binding
The guy from Britsh Gas has given information regarding the history of the boiler and written a report which states the sellers did have a contract with them but had cancelled it and the boiler was last serviced by them in 2013
The seller said she had cancelled the contract on the day before completion but that would seem to be another lie

You could contact bg and ask them to confirm this in writing. Come back and tell us if they do.
It's all down to weasel words.

I bought a house once which I modernised, so it was no surprise to me that the boiler didn't work. The electrics were pretty lethal in places too. I got this all checked out pretty quick. Could you have expected with the condition of the rest of the house, that this was likely to be the case?

parking_question_chap

Did you get more than one opinion on the boiler?

I know its too late, but never get BG out for the first quote imo. They seem to condemn an awful lot of boilers.

kimplus8

That sounds like an awful situation to be in, there are schemes available in some areas for reductions on boiler replacements, or even free upgrades if it's making your home have a lower carbon footprint. I'm sure if you google free boiler schemes something will come up. I would apply through small claims for compensation if that have lied on documentation. If according to them the boiler was all in working order and was regularly serviced then surely you have grounds to claim at least a portion of the costs due. Good luck.