Purchased new house,boiler broken since we’ve moved in. Who’s liable?

Flickster

Hi folks,

I bought my house a few weeks and noticed as soon as we moved that our boiler wasn’t working. (It clicks on but doesn’t produce hot water or heating). I contacted my solicitor within the correct time frame to report this,he’s thereafter contacted the seller’s solicitor to advise them of the fault.

The seller is now stating that she had it serviced by British Gas a few weeks prior to her moving out. (I also had it serviced by British Gas who has deemed it out of action). The seller apparently can not find the paperwork confirming this therefore I now waiting for her to produce this.

If she does find the paperwork confirming that it was fine when she was still here,do I have a leg to stand on or will she be liable for a replacement?

Thanks.

Thrugelmir

Flickster wrote: »

I bought my house a few weeks and noticed as soon as we moved that our boiler wasn’t working.

Did you have the boiler inspected prior to purchase? As would have been recommended by your surveyor.

Davesnave

Assuming you are in England or Wales, you have no chance of any redress unless the seller made some kind of written/recorded statement that the boiler was in excellent condition, which sounds rather unlikely.

The vendor is saying now that the boiler was serviced, but whether she can find the paperwork for this is irrelevant. The time to have the heating system checked, at your own cost, was before you exchanged contracts. Your solicitor should tell you this.

What your solicitor can be excused for not knowing is that British Gas have gained a reputation for condemning boilers that others would repair, so savvy people do not use them.

If you are in Scotland, I believe you have a week to discover faults not picked up in the Home Report, but I may be wrong. If I am, someone will put me right!

worried_jim

What model of boiler is it? Have you googled the fault? It could have stopped working at any time, hard too prove either way. Best get a local expert in, I use check a trade or word of mouth from friends, I'd be amazed if it's anything too complicated to fix. Good luck!

davidmcn

Davesnave wrote: »

If you are in Scotland, I believe you have a week to discover faults

Given the OP's reference to "the correct time frame" and the solicitors intimating the fault, I suspect they may be in Scotland. In which case they should be talking to their solicitor if they want further advice. The sellers can legitimately argue that everything was fine on the date of entry. As already suggested, the fix may be trivial anyway.

G_M

If BG supposedly serviced it for both seller and buyer within a few weeks of each other, they (BG) would have a record of this. Indeed, surprised they did not mention it when servicing the 2nd time.


Critical to know if this is Scotland or England.

Flickster

I!!!8217;m in Scotland and yes it is within 1 week to report any faults. I had it inspected by British Gas and also a friend who is a heating engineer who both stated that the parts needed to fix the fault were obsolete (The boiler is 18 years old!).

Unfortunately on the Home Report only a visual inspection was carried out,no tests were necessary. It!!!8217;s my first house I!!!8217;ve bought so I suppose it!!!8217;s a learning curve if anything!

I!!!8217;m still waiting to hear from my solicitor as he!!!8217;s been on holiday,fingers crossed I get some positive news.

sheramber

A friend had her boiler condemned by BG as parts obsolete.

She phoned the maker and they confirmed they had plenty spares and agreed to send her the necessary parts.

She complained to BG about the wrong advice and got £50 compensation.

RedFraggle

An 18 year old boiler can fail at any time.

Rambosmum

It's 18y. You should have factored that in to your offer, it's obvious it would need replacing soon.

Flickster

I wasn’t aware it was that old when I bought the house, (which I did get for a good price).