Seller didnt disclose the boiler had been condemned!

Minty73

On moving into our new property it became apparent almost immediately that the boiler did not work, the Sellers property information pack was completed advising the boiler worked and whilst the boiler was old we were also advised verbally by estate agent it was still very much in working order. However, we have now just received paperwork from our conveyancer linked to the purchase which included a gas safety document condemning the boiler. I have questioned our conveyancer why this was not disclosed before but they have said this document was not received from sellers conveyancers until after completion. They are going to follow this up but have advised that if I want to pursue its really a civil matter, but surely some responsibility sits with the sellers conveyancers for not picking this up? We are not only out of pocket the cost of a new boiler which had to be replaced within a week of moving in, but our health was jeopardized with the possibility of carbon monoxide poisoning as the warning stickers on the boiler had been removed. Any suggestions on how to proceed?

xylophone

The boiler was working at the time the vendors answered the questionnaire but was condemned between exchange and completion?

lincroft1710

Look at this is in practical terms.

The boiler was known to be old, therefore the prudent prospective purchaser would presume it could fail at any time and factor this into his offer.

You would have to have replaced the boiler sooner or later, it was just a little sooner than expected. You can now look forward to winter with a brand new boiler and not have the worry of it failing on the coldest night of the year.

You were not poisoned. Might haves, ifs, could haves cannot be claimed for.

The vendor's conveyancer works for the the vendor not you, they have no duty of care towards you.

Any legal action you take will not only be stressful, but will probably sour the enjoyment of your new home and no guarantee you would win the action.

I agree, not the best start to life in your new home, but the principal problem has been resolved and you should start enjoying living there and forget about legal action.

Minty73

The boiler was condemned in February, we completed July!

quantumlobster

Minty73 wrote: »

our health was jeopardized with the possibility of carbon monoxide poisoning as the warning stickers on the boiler had been removed

I'm not a scientist or engineer, but I'm reasonably confident that whether the boiler will give you CO poisoning or not is not contingent on the presence of warning stickers.

quantumlobster

lincroft1710 wrote: »

Look at this is in practical terms.

The boiler was known to be old, therefore the prudent prospective purchaser would presume it could fail at any time and factor this into his offer.

You would have to have replaced the boiler sooner or later, it was just a little sooner than expected. You can now look forward to winter with a brand new boiler and not have the worry of it failing on the coldest night of the year.

You were not poisoned. Might haves, ifs, could haves cannot be claimed for.

The vendor's conveyancer works for the the vendor not you, they have no duty of care towards you.

Any legal action you take will not only be stressful, but will probably sour the enjoyment of your new home and no guarantee you would win the action.

I agree, not the best start to life in your new home, but the principal problem has been resolved and you should start enjoying living there and forget about legal action.

That's all perfectly correct and reasonable, but the difference between a boiler that's just dead old and one that's been condemned, is that while you should think about replacing the former, you probably can't use the latter at all, as it's been disconnected.

Merlin139

The last time I bought a house in 2012 our Surveyor mentioned that the boiler was old and we needed to confirm that it had been serviced and was in working order.

What did your Survey say about the state of the boiler?

need_an_answer

When was the fixtures and fittings form completed that presumably listed the boiler as in working order?

My understanding is that that form is part of the sale contract so if it was completed after the boiler was condemned then you may have case to challenge.

However how much you would be able to recoup from the seller would be the questionable amount simply because you knew when purchasing that the boiler was old so wouldn't be entitled to being compensated for the cost of a new boiler...maybe a percentage which when you look at the costs involved and hassle in small claims you may feel irs not worth it.

Minty73

quantumlobster wrote: »

I'm not a scientist or engineer, but I'm reasonably confident that whether the boiler will give you CO poisoning or not is not contingent on the presence of warning stickers.

I appreciate that but would the removal of said sticker be seen as intentionally hiding the true condition? Isn't completing the Sellers Property Information pack sayings its in working order, and then not updating once the boiler had been condemned leaving the vendors open to a civil case for fraudulent misrepresentation, didn't the vendors conveyancers have a duty of care to their own client to advise them to update this information given to buyers?

Norman_Castle

Minty73 wrote: »

The boiler was condemned in February, we completed July!

I would consider this something they should have informed you about. You knew the boiler was old with a limited lifespan but expected it to be usable. A small reduction or payment toward replacement, £250? would have been the honest thing to do.
Removing warning stickers from a condemned boiler is dishonest, dangerous and possibly fraudulent.

quantumlobster

Legal beagles will correct me if I'm wrong, but my understanding is that omitting to mention on the TA6 that - at the time of exchange - the boiler was condemned (rather than just being old etc) would be actionable. If it went titsup.com after exchange, that's unfortunate but probably tough noogies.

Was it condemned condemned (i.e. warning sticker on it, disconnected)?