House bought with faulty boiler

AdrianC

Nives wrote: »

As I said it's not a matter of money. We will pay all the repairs that will be necessary in future, because it's on us, but I won't to pay what other people have to pay. There is a contract that we signed and the seller as well, and this contract protect us against this kind of inconvenience. I don't undertstand why we shouldn't enforce our rights.

There's a difference between "should" and the actual doing.

Do you have any indication at all of where the vendor went?

Nives

Not at all, we have never talk with the seller directly, our solicitor managed the purchase. In Scotland it's pretty unusual that the buyer is in contact with the seller.

I'm just saying that if I sell something broken (pretending to be working) to other person, the buyer has the right to be refunded. And In the contract the boiler results perfectly working.
We are asking nothing more than this, I don't understand why our claim sounds so wrong.

Thanks for your reply

Slithery

Nives wrote: »

We are asking nothing more than this, I don't understand why our claim sounds so wrong.

No one here is saying that you are wrong, it's just we are being more practical about the time and cost it would take to chase it up and maybe still not get the money.

ToadsFriend

You are so lucky up in Scotland...one of the worst experiences of my life was a few years ago getting the keys to a house I'd bought....and the seller had trashed it! the boiler was smashed up...front window broken...the loft ripped out (he was growing cannabis in it) ...I rang my solicitor who had done the conveyancing literally within 5-10 minutes of opening the door and told her...and she literally just said ''well, unfortunately it is buyer beware...it's yours now so you have to get on with it...no come back on the seller no matter what'' That was awful. If it had only been £400 that was wrong I would have been more than happy!

lincroft1710

There is in theory nothing wrong in you wanting to claim for £430. But in the vendor's shoes (if you ever find him!) I would be trying my hardest to find a sub £400 quote. Which is quite probable and would blow your claim clean out of the water.

Secondly, you have to find him. Thirdly (if you win) you have to find ways to get the money if he doesn't pay up.

I know the law is different in Scotland, but did you or a surveyor check the boiler to see if it was working? If you knew it was working when you bought the house, it could be argued that the price you paid reflected this. Also a 13 yr old boiler could well be on its last legs anyway.

So it may just be simpler to get the work done and start enjoying your new home rather than enter into legislation which may cost you and may be ultimately fruitless

Slinky

Without disclosing why, could you have a little chat with your new neighbours to see if they know where your vendor has gone to?


You may also learn a bit more about him and get a feel whether even if you found him, whether he's likely to have the means to pay.

Fosterdog

m0bov wrote: »

Your buyers solicitor must have done ID checks so must have an address for him.

Surely the ID checks would have been done under the address that OP has now bought though. And even if the sellers solicitor has a forwarding address they would be under no obligation to pass that information on to OP and would breach GDPR by doing so.

Rosieandjim

ToadsFriend wrote: »

You are so lucky up in Scotland...one of the worst experiences of my life was a few years ago getting the keys to a house I'd bought....and the seller had trashed it! the boiler was smashed up...front window broken...the loft ripped out (he was growing cannabis in it) ...I rang my solicitor who had done the conveyancing literally within 5-10 minutes of opening the door and told her...and she literally just said ''well, unfortunately it is buyer beware...it's yours now so you have to get on with it...no come back on the seller no matter what'' That was awful. If it had only been £400 that was wrong I would have been more than happy!

Did you really go ahead and buy this property without checking that all was in order? I'm speechless
:eek:

[Deleted User]

OP, has your solicitor suggested what you can do if the vendor doesn't respond? You presumably wrote to your solicitor within 5 working days of settlement and in turn your solicitor contacted the vendor's solicitor who must have some way of contacting his client.

ToadsFriend

Rosieandjim wrote: »

Did you really go ahead and buy this property without checking that all was in order? I'm speechless
:eek:

Why...what would you have done? Stood there on moving day watching them move out? I'm not sure what the correct procedure is...but I thought (naively) that we were covered by law if they destroyed or broke anything whilst moving out...but nope!