Central Heating System broken when inspected after buying.

ashcampbell

Hello everyone,

I am looking for some general advice here. I recently just purchased a house in Scotland. During the missives stage, the 7-day warranty that is giving for the Central Heating System was removed. I thought that was a bit odd and after being advised from friends that have bought property, it was in my best interest to query this and get it put back in place. My solicitor dug his heels in and managed to get a 7-day warranty put back in place. 

Since receiving our keys, we have had a gas safe engineer inspect the boiler etc. He has now condemned the boiler deeming it unsafe to use. The whole central heating system is not working so no heating or hot water. The engineer gave a full report and quote for the works that need to be carried out; 
- Exposed gas pipes and incorrect sizes 
- No ventilation in current back boiler
- Central heating pump does not work. 

The seller has now come back and said they will only pay for the replacement of the boiler, even though this does not resolve the whole issue. They are refusing to pay for the pipes to be changed to be compatible with the new boiler. So, basically we would have a new boiler and with the old corroded pipes. My engineer has said I will run into problems very quickly with this. 

Has anyone been through something similar or have any knowledge on this? Can I fight this? 

My point being, if I knew the central heating system was not working I would not have bought the house. I thought a warranty would have been a full warranty not one that can be negotiated. 

Thanks so much in advance for your help! 

Hope this makes sense. Any questions please ask 😀

ashcampbell

Sorry just to note, the boiler has been condemned as the main gas burner is corroded and broken. Parts are obsolete. 

davidmcn

The warranty is in the terms stated in the missives - so read that, if you haven't already. Assuming it's in standard terms, the only requirement is that it is in working order - whether it's safe to use or not isn't relevant, as is how soon you might run into further problems with it. I take it you've complied with the time limits for intimation of problems etc?

greatcrested

What does your solicitor say?

I'm not familiar with Scotish law, but you may have to bite the bullet and pay for part of the replacement work. If so, look at it this way

1) moving to a new home always involves unexpected costs - that why you have a contingency fund

2) you'll end up with a brand new pristine heating system - far better than the old decrepid one. Imagine if it had continued working for a month or two, or even several years with constant breakdowns....?

ashcampbell

@davidmcnThank you for your reply. Yes intimated claim within the time frame. But, it has taken the sellers 2 weeks to even acknowledge the faults and a further 1 week to come back with the negotiation of a boiler replacement. I have a feeling this may be a long road! 

Ps, the home survey stated the boiler was in working order but had not been checked etc to see if it did.... 

ashcampbell

@greatcrested Thank you for your reply! He is quite vague to be honest, he has just come back with the sellers response and not whether this is satisfactory or not. 

That is very true! Least we were *lucky* enough to have the faults present themselves within the 7 day warranty. 

The sellers are taking a considerable amount of time to get a response. We are 3 weeks down the line with no heating or hot water for them to  respond with a boiler replacement. However long it will take them to get that works sorted is anyone’s guess! 

davidmcn

Given that the intention of the warranty was never that you'd get a brand new replacement CH system paid for by the vendors (just a second-hand working one), if they're offering a significant contribution towards the cost I'd probably just run with that.

greatcrested

Not surprised the sellers are 'slow'. No skin of their nose and they are being hit by an extra cost.

But this does not prevent you getting comparative quotes and lining up a contractor That usually takes a couple of weeks (or more in winter).

Indeed, you could probably start the work and argue out the cost liability /compensation later. You seem to be implying the sellers should arrange the repair/replacement boiler. I doubt that is either normal, or wise.

ashcampbell

@greatcrested oh no, not at all - I have arranged the plumber to come to the house for reports, quotes etc. I’m just looking for them to accept liability that they sold a house with a faulty central heating system.  

davidmcn

greatcrested said:

You seem to be implying the sellers should arrange the repair/replacement boiler. I doubt that is either normal, or wise.

Assuming it's the normal clause then in the first instance the seller is to be given an opportunity to arrange repair (5 working days from intimation of the fault in which to carry out an inspection, and then 5 working days to repair) - only if out of those timescales (or in an emergency) does the buyer have the right to sort it out themselves at the seller's expense.

Irishpearce26

I would bite the bullet and get a decent boiler put in on the cost of the seller and pay for the pipe upgrade. Legally the seller doesn't have to tell you if anything is working or not its up to the buyer to figure this out through surveys. As another poster said its lucky this happened within your warranty timescale.