Central Heating System broken when inspected after buying.

[Deleted User]

Irishpearce26 said:

Lover_of_Lycra said:

From edition 3 of the standard clauses (edition 4 coming into effect March 2021) for those unfamiliar with Scots Law. 

4 CENTRAL HEATING, SYSTEMS AND APPLIANCES

4.1 The Seller undertakes that 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 as at the Date of Settlement.

4.2 The Seller will make good any defect which prevents any system or appliance being in such order provided said defect is intimated in writing within 5 working days of settlement. Failing such intimation, the Purchaser will be deemed to be satisfied as to the position.

4.3 The Seller will only be responsible for carrying out any necessary repairs to put any system or appliance into such order and shall have no liability for any element of upgrading (except to the extent such upgrading is required to put any such system or appliance into such order).

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.

4.5 The Purchaser shall be entitled to execute any necessary repairs at the expense of the Seller without reference to the Seller or the Seller’s tradesmen (i) in the event of an emergency; (ii) in the event that the Seller’s tradesmen do not inspect the alleged defects within 5 working days of intimation; or (iii) in the event that any necessary repairs are not carried out within 5 working days of inspection.

4.6 The Seller confirms that he has received no notice or intimation from any third party that any system (or any part thereof) is in an unsafe or dangerous condition.

I didn't realise it was so different to English law. Wish we had the same rights.
The only thing I can see here is the pipes are still in working order (albeit old as hell) and this could be the sticking point with the sellers stating that the new boiler will work with the old pipes as stated in 4.3. Again my understanding here is limited but just hazarding a guess. We are buying a house with the existing boiler (22 years old) which is a part exchange with a developer, i asked if we could have £3k off the price to ensure we had a working heating system which they granted.

Oh yes, the whole house buying process is much more civilised north of the border.

Phil4432

Well, a new boiler is most of your heating system.  If that includes actual installation of the boiler that's most of your heating system.  You just pay for installation and cost of rads, pipes.

As someone else pointed out, you could get a system that's 8 years old that then breaks down in a couple of years. 

Now you'll get a new heating system.

ashcampbell

@Lover_of_Lycra thanks for getting back to me! The sellers are offering a boiler replacement only, no pipes or radiators. I now for the life of my cannot find a qualified plumber that will actually install a brand new boiler with old, corroded, undersized pipes as they can’t commission the boiler. In the qualified tradespeople eyes, this is not an upgrade but an essential part to put the boiler into such working order. 

We are now 3 weeks to the day and still no further! My solicitor doesn’t seem to be doing much at all. So disappointing and not the most enjoyable first-time buyers experience 😒

ashcampbell

@macman thank you for getting back to me. I completely agree and so do the tradesmen. The sellers seem to think we are just pushing for these upgrades for the sake of just upgrading, I don’t think they are aware these upgrades are essential to put the boiler into safe working order - although this has been pointed out to them from the tradespeople that have quoted for the works. 

We have now provided them with 4 different quotes from reputable firms and not even getting a response from them now. 

I’ve read the sellers had 5 working days to inspect and a further 5 working days to carry out repairs. We are 3 weeks to the day we received the keys and intimated the claim. Our solicitor does not seem to be pressing the sellers solicitors at all! Looks like court action but will likely need to change solicitors 😕

youth_leader

I am sorry you are in this situation.  I've just sold my house with a working 18 year old boiler and had just replaced the oil pump, but as it was old, it guzzled oil.  It also needed new 'baffles', my buyer knew, it was mentloned on the service and my engineer was continuing to search for them.  I had enquired about a new boiler and was also told the pipes would need replacing, mine would have cost £8K.  I hope you can resolve this amicably.  When we moved in to our house in the summer twenty years previously, we didn't turn the boiler on until early October and around the third day the ground floor was full of kerosene fumes due to the high winds and vortex of the chimneys - then broke down completely within three months of us moving in.  Luckily my Mum helped us out and we had a new system installed.   

davilown

I think they are actually being pretty good offering to pay for the boiler to be replaced.  The heating pump is the only thing I can see that's not in working condition when they sold you the house.  The legal point clearly states in a condition consumate to age of the system.  When it was installed it didn't need the larger pipes, probably didn't need the current venting requirement.
As for gas pipes being exposed - they are exposed in most houses unless you box them in or have the pipework in a cupboard.

Surely you are now responsible for the boiler - it was working fine until you got an engineer in to look at it?

Additionally, why didn't you get it checked before you purchased the property?  I know the system is different in Scotland but £150 spent then would have saved you a lot considering you want to go down the legal route.

teachfast

davilown said:

I think they are actually being pretty good offering to pay for the boiler to be replaced.

It was under warranty, as explained in the first post. 

ashcampbell

@davilown the system is completely different in Scotland! I hold all the cards and to be quite frank (according to other solicitors who are willing to take my case but I need my solicitor to transfer it), the sellers don’t have a pot to !!!!!! in. 

Where did I say the boiler was working until I had it inspected? The boiler probably has not been working for years! The heating pump is certainly not the only thing that is not working. The main gas burner is corroded and broken........ the gas valve does not work...... to name a couple of the defects. The RGI has condemned the boiler, it does not work 😂 

How surely am I responsible for the boiler? I had a 7-day warranty to intimate any defects, I done this within the time frame. A RGI wrote a detailed report explaining what was required. The sellers sold the house stating the boiler was in working order visually BUT HAD NOT BEEN TESTED as this was out with the surveyors remit. So, yes, I did pay for a surveyors report! Was actually £240.00. They then deleted the clause for the central heating warranty and we had to fight to get it put back in. I assume that is normal case in your eyes also? Not fishy 🐟