Sellers liability after sale

lincroft1710

Darcydoo wrote: »

I’ll be phoning my solicitor tomorrow

Why? Does your solicitor moonlight as a plumber? It is a plumber you need, not a solicitor.

Buying a house in England and Wales (with the exception of a newbuild) is one of the few purchases where you have minimal comeback if you find a fault after purchase.

davidmcn

lincroft1710 wrote: »

Why? Does your solicitor moonlight as a plumber? It is a plumber you need, not a solicitor.

Buying a house in England and Wales (with the exception of a newbuild) is one of the few purchases where you have minimal comeback if you find a fault after purchase.

In any event, the purchase completed 3 months ago. You'd be hard-pressed to prove that the defect existed at completion (or indeed exchange), rather than cropping up later.

getmore4less

when viewing pre exchange or before completion on a new build that exchanged when it was a plot.

turn on all the taps
flush all the toilets
check every light switch
light on a lead to check every socket.
check the heating even in the summer.
......

G_M

eddddy wrote: »

It sounds like you made a "pre-contract enquiry" via your solicitor, and got a reply via your solicitor.

If that's the case, the reply forms part of the contract.

So what exactly did the reply say?

If the reply was untrue or misleading, you might be able to claim from the seller for 'breach of contract' or 'misrepresentation'.

It's up to you whether you want to pursue this.

It will be next to impossible to prove the reply was untrue or misleading.


Claim: contract says bathroom pipework has been checked and all is fine. 3 months after Completion, pipes leak


Defense: At time of contract pipework had been checked and did not leak. Leak must have developed subsequently

Darcydoo

I had checked the shower by turning on the water but obviously not standing on the shower tray. Now I’m not a heifer so my weight shouldn’t have dislodged anything that was fitted properly.
I’m in Scotland so don’t know how much English law would apply. I know there are some differences.
I have a plumber coming to check it out and will see what the damage is.
Thanks to all.

Freecall

G_M wrote: »

Defense: At time of contract pipework had been checked and did not leak. Leak must have developed subsequently

Not even that.

Defence: As requested, at time of contract we enquired of the former owner who confirmed that the pipework had been checked.

What more could they have realistically done? Commissioned a survey on behalf of their buyer?

davidmcn

Darcydoo wrote: »

I’m in Scotland so don’t know how much English law would apply.

It won't, though it isn't really down to a difference in laws, just differences in what is typically in the contracts.

In Scotland there is usually a warranty by the seller that plumbing etc will be in working order at the date of entry, but you only have five working days to tell them of any defects. So you're well out of time.

Smodlet

Unfortunately, even if you had taken a builder, a plumber and a sparks around with you, they could not possibly have noticed everything as many issues come to light only after you move in... Well, I suppose you could have asked to take a shower on your second viewing; not sure about having a plumber watch though. :rotfl: Seriously, just get it fixed and put it down to experience.

You know that plastic edging stuff you can use to seal around a bath? Sort of a long strip with an L-shaped cross section? It makes a neat professional finish when fitted correctly, like with waterproof sealant, not just lain on top of the edge of the bath... I wonder if you can guess what happened the first time I tried to clean the bathroom "tiles" (nasty, plastic, fake things, they were) Yep, water came pouring through the kitchen ceiling, accompanied by OH's frantic yells to me to stop. Should we have noticed all that before we completed? The fake, plastic tiles? Probably. The fact the bath was not sealed? Well, I will next time, if there is a next time.

Chalk it up and budget for nasty surprises is my advice.