Buildings warranty

stewie1098

Hope somoeone can help me here. Bought a house last year with a two year old, £ 20,000 conservatory on. Over the wet summer a leak develpoed, so I called the company. They came out to their credit, and said they had repaired it. Further leaks developed however, and they subsequently refused to answer my calls or come out. Decided with your advise to go to the small claims court. Paid to have the leak repaired and took photographs.
Got their defence today and now really worrying. Please advise if possible. Their defence is that:
1. The warranty states that the benefits of the insurance for the conservatory will pass to subsequent owners providing the Contractors own Written guarantee states its transferable-which it doesn't-See attached.
2. The leak is caused by a roofing problem, which we repaired initially out of good will. (my roofers said the flashing wasn't replaced and caused the susequent damage)
Is it worth throwing in the towel baecause of thw warranty issue -and advise really appreciated.

McAzrael

If you did not buy the conservatory, or warranty (which was probably bundled with the conservatory), from the company then you have not entered into any contract with the company and so they have no liability to you in contract law. This includes implied contracts and terms of contracts.

If the vendor of the house told you that the conservatory came with a transferable warranty then you may have a misrepresentation cliam against him, but I wouldn't bet too much money on this succeeding. Second hand items, including houses, are largely sold as seen.

With regard to point 2, then there is an outside chance of negligence. Again this is going to be difficult to establish. Your roofer (if they want to support you) is going to blame the conservatory company. The conservatory company is going to blame the roofer. Nobody is going to win.

My advice (which is free and therefore should be considered worthless) is to give up and chalk this one up to experience.

ormus

i agree completely. warranties are worthless generally. and a warranty for a previous owner of your property, is as much use as a chocolate teapot.
99% of warranties are not transferable. its another great getout clause.

greyteam1959

might be a bit obvious but why not forget the court case and claim on your house insurance ???????????
might be too late for this now but its worth a thought