Solicitor issues

maskerade

Hi

So we're selling a house 4 years after we bought it. The buyers solicitor is askng for a hetas certificate for a wood burning stove the previous occupant had installed. We weren't given this and on inspecting our paper work our solicitor when we purchased didn't ask about it. We now have to purchase an indemnity. I'm not happy our solicitor didn't ask about the certificate. Do i have any recourse with them?

Thanks

Kate

MarcoM

maskerade wrote: »

Hi

So we're selling a house 4 years after we bought it. The buyers solicitor is askng for a hetas certificate for a wood burning stove the previous occupant had installed. We weren't given this and on inspecting our paper work our solicitor when we purchased didn't ask about it. We now have to purchase an indemnity. I'm not happy our solicitor didn't ask about the certificate. Do i have any recourse with them?

Thanks

Kate

I could be wrong but shouldn't that have been picked up by a surveyor rather than a solicitor?
A solicitor deals with legal issues rather than technical issues.
I could be wrong though.

davidmcn

maskerade wrote: »

The buyers solicitor is askng for a hetas certificate for a wood burning stove the previous occupant had installed. We weren't given this and on inspecting our paper work our solicitor when we purchased didn't ask about it.

Did your solicitor know there was a wood-burning stove?

maskerade

I don't know if the seller at the time disclosed it. She probably should have done.

I think the surveyor just looks at building condition and the solicitors look at documentation but I could be wrong.

maskerade

Yes I've looked at the burner was on the seller's property information list

ReadingTim

Who says you have to purchase an indemnity? You could simply state that you bought the property without one, and you're selling it without one.

If the purchaser wants one, they can purchase one. Their call.

maskerade

The solicitors are saying I need to - ours that is. No idea what the cost will be yet. I might be worrying for nothing

Surrey_EA

maskerade wrote: »

The solicitors are saying I need to - ours that is. No idea what the cost will be yet. I might be worrying for nothing

I would imagine the cost will be relatively small, possibly £50 - £100.

Are you now using the same solicitor to sell as you did when you purchased?

davidmcn

maskerade wrote: »

The solicitors are saying I need to - ours that is. No idea what the cost will be yet. I might be worrying for nothing

There's no rule saying that you need to pay for it (or that it needs to be obtained at all, though in practice mortgage lenders will probably want it) - it's negotiable. The price will be buttons (in the relative scheme of things). Up to you whether you want to bother taking it up with your previous solicitor.

maskerade

It has turned out to cost £99 which is fine. I don't know why but I thought it would be a lot more.

We're using a different solicitor who I quite like. The ones last time were a nightmare and nearly lost us the sale on the flat we were selling due to delays so I'd never use them again

G_M

You don't have to do or buy anything.

Instruct your solicitor (and/or estate agent) to advise the buyer that they are welcome to arrange a HETAS inspection, and you will facilitate access for their HETAS engineer.

And that if they want an indemnity insurance policy they are welcome to take one out.