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Sold house 8 months ago, buyer claims boiler not working!

We completed on our sale in June 2016 (8 months ago).

The buyer viewed the house once. He was there for a long time and we chatted a lot and I was honest about the work that needed doing on the house, it completely needed redecorating from top to bottom, but had new carpets throughout and was clean. The buyer also came back a second time to measure up.

The buyer contacted me in November 2016 to say that he was going to seek legal advice as I'd been 'dishonest about the state the house was in' and that the boiler wasn't working (along with various other issues).

We had lived in the property for nearly ten years and had never had any issues with the boiler.

We have since received a letter from his solicitors, advising us that 'their client' is entitled to persue a claim for £4000 for the cost of a new boiler.

The buyer claims in his email to the solicitors that:

The house was left in poor condition to what he viewed and that the boiler was dangerous.


The house was exactly the same as what he had viewed, minus the furniture and decor. I had even hoovered and dusted before we left. As I mentioned earlier, it completely needed redecorating throughout, and I'm not sure what he's refering to.

He said that as he didn't need to put the boiler on until October when it got cold which was the first time he went to switch it on. When he 'first' switched the boiler on, it wasn't working. He said he thinks it had a 'faulty pump' as the pump had some blue tape over the top on it. He wasn't working so couldn't afford to get someone to check the boiler until December.

You're telling me that for 4 months he didn't turn on the boiler to check it was working? The boiler was working perfectly fine when we moved out, I had a newborn baby during the time I was living there and would not have lived in a house without heating and hot water with a baby!!

He also claims the boiler wasn't working, yet he must have had hot water for those 4 months?

Upon him calling out a gas engineer in December, he said the engineer wasn't happy about how the pump was taped and that a socket was 'dangerously exposed'. He then went downstairs to look at the back boiler and said because the front cover of the fireplace had been taken off, it was dangerous and could kill so he had to cut off the gas supply to the house!

We had a back boiler which has one of those old fashioned fireplaces. When we moved in ten years ago, it's quite unsightly so we arranged for a gas engineer to come and have a look at it to see if he could remove it. As it was connected to the boiler, he took the front of the fireplace off and capped off the fireplace to make it safe. We put a radiator cover over it as it looked nicer.

When the buyer viewed the house, I actually removed the radiator cover and showed him the boiler. I told him that the cover was there as it looked nicer, yet the buyer claims we were trying to hide the boiler with the cover - If i was trying to hide it then I wouldn't have pointed it out!

Basically, the gas engineer is trying to claim it was unsafe and get a new boiler out of him. It was safe as the gas engineer capped off the fireplace. It was done ten years ago and I can't remember who by.

We last had someone service the boiler a year before we moved out in 2015. It was someone from the local magazine and I never received any paperwork. I was never asked to provide any by the buyers solicitors.

The buyer arranged a basic survey - this did not flag any issues with anything, let alone the boiler.

The buyer did not arrange for an independent gas engineer to come and look at the boiler prior to completion.

Surely, 8 months later, the buyer doesn't have a leg to stand on?

There are various points in his email to his solicitor where he is point blank lying, and he's causing me unnecessary stress. When I lived in the property I had a new baby, I wouldn't have been without heating or hot water. He texted me in November knowing I was heavily pregnant, threatening to get legal advice. I'm now on Maternity leave, barely earning any money, and now have the worry of going to court to pay for something that I shouldn't have to!

The boiler was in good working order (I'm aware it's my word against his) but surely in a court of law, the survey didn't bring up any issues, and didn't arrange for an independent engineer, he doesn't have a leg to stand on?:mad:

Advice please?

Frogernoff :love::D
«13456

Comments

  • Tell him to 'Jog On' perhaps?
    Everything you've said seems reasonable to me and he should have checked things out before exchange of contracts.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    frogernoff wrote: »
    We have since received a letter from his solicitors, advising us that 'their client' is entitled to pursue a claim for £4000 for the cost of a new boiler.

    You can either just ignore and see what happens, or invite them to explain the legal basis for the claim (as you have an internet forum of readers eager to be amused...).
  • molerat
    molerat Posts: 35,332 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As he is pursuing a legal route refer him to the case of Arkell and Pressdram ;)
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How does he intend to prove all these claims?
  • Locana
    Locana Posts: 478 Forumite
    molerat wrote: »
    As he is pursuing a legal route refer him to the case of Arkell and Pressdram ;)

    Brilliant!
  • Slinky
    Slinky Posts: 11,348 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The property isn't in Scotland is it?
    Make £2025 in 2025
    Prolific £841.95, Octopoints £6.64, TCB £456.58, Tesco Clubcard challenges £89.90, Misc Sales £321, Airtime £60, Shopmium £52.74, Everup £95.64 Zopa CB £30
    Total (1/11/25) £1954.45/£2025 96%

    Make £2024 in 2024
    Prolific £907.37, Chase Int £59.97, Chase roundup int £3.55, Chase CB £122.88, Roadkill £1.30, Octopus ref £50, Octopoints £70.46, TCB £112.03, Shopmium £3, Iceland £4, Ipsos £20, Misc Sales £55.44
    Total £1410/£2024 70%

    Make £2023 in 2023 Total: £2606.33/£2023 128.8%




  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    He certainly is entitled to pursue a claim. But that doesn't mean he'll win any claim.

    The amount is small enough to be small claims, so all you need to do is document clearly and sensibly the timeline, and submit that as your defence, then sit back and wait. It'll almost certainly be thrown out. If you can prove he's lying in the claim he submits, then that'll certainly help you.

    That, of course, assumes he actually issues a claim. Which is unlikely. He's almost certainly just sabre-rattling. OTOH, it's cheap enough and easy enough, so he may. If you don't enter any defence, he wins by default.
  • molerat
    molerat Posts: 35,332 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Slinky wrote: »
    The property isn't in Scotland is it?
    Which takes care of the first 5 working days, even in Scotland the liability does not run to months.
  • theGrinch
    theGrinch Posts: 3,133 Forumite
    Part of the Furniture 1,000 Posts
    More chance of Elvis riding Foinavon trained by Lord Lucan and owned by JKF winning the National
    "enough is a feast"...old Buddist proverb
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