5 day guarantee Scotland

NYClaire

Can anyone confirm to me what the 5 day guarantee includes when selling and buying in Scotland? With regards to electrics, if the electrics are all working but if the buyer tests them for a rental problem and it needs re wired, would we as the sellers be liable for that?

davidmcn

Working is fine. Doesn't need to comply with any particular standards beyond that.

letsbetfair

The terms of the standard clauses vary from area to area. I wouldn't rely on this like a guarantee, though - at least in the area I bought, systems like the electrics had to be working as you'd expect for their age. The seller was only liable to fix problems, not to improve - and if you bought a 40 year old place with electrics not meeting current standards, it was explicitly stated that the seller wouldn't be liable for bringing them up to modern standards.

This is something your solicitor should be happy to discuss with you. If you suspect the electrics are in a mess, you might consider making an offer contingent on you getting them checked.

davidmcn

Document here with the Scottish Standard Clauses (which is the most common version) and some explanation.

Clause 4.1: "...any systems or appliances of a working nature (including central heating, water, drainage, electric and gas) forming part of the Property or included in the Price will be in working order commensurate with age"

Also note clause 4.4: "The lack of any regular service or maintenance of any system or appliance or the fact that it may no longer comply with current installation regulations shall not, of itself, be deemed to be a defect."