Is an accepted claim under a Premier Guarantee transferable to new owner?

Nsq89

So I'm close to completion on a house built in 2015 where a claim was made on the Premier Guarantee around 2016-17, within the 2 year defects period. That remedial work was booked in for March this year but the owner decided to sell before starting the work. If I buy this house, as I understand it the Premier Guarantee is transferable to me for any structural issues up to 2025, but I'm not at all sure if the original accepted claim from 2016 or so is transferable to me. I doubt I can make a new claim since I'm now beyond the defects period. I can't get any answer from the Insurer, they were very cagey and cited data protection. Does anyone know if these kind of claims can be activated by a new owner?

Nsq89

I’m struggling to find an answer about this, my solicitor says its not his responsibility and the insurer won’t talk to me. Anyone?

frogglet

Why has the current owner waited so long to have the works done?  Was there a time limit on getting the works done?

eddddy

Nsq89 said:

I’m struggling to find an answer about this, my solicitor says its not his responsibility...

Hmmm... how did you find that solicitor?  Is it some kind of online conveyancing warehouse?

I'd have thought that your solicitor should be making pre-contract enquiries about this. i.e. Asking the seller (via the seller's solicitor) for the status of the claim, and whether the benefit of the claim is transferable to you.

saajan_12

Is your solicitor saying its not part of standard conveyancing (and hence the fixed fee they quoted)? If so, could they take a look if they charged for their additional time? Or are they saying they wouldn't get involved at all?

Nsq89

eddddy said:

Nsq89 said:

I’m struggling to find an answer about this, my solicitor says its not his responsibility...

Hmmm... how did you find that solicitor?  Is it some kind of online conveyancing warehouse?

I'd have thought that your solicitor should be making pre-contract enquiries about this. i.e. Asking the seller (via the seller's solicitor) for the status of the claim, and whether the benefit of the claim is transferable to you.

The firm, JMW, was recommended to me by the estate agent. I expected they would confirm this, and made this clear, but at the last moment they are saying its not their responsibility saying "As conveyancers or solicitors we do not deal with the transfer of insurance from one to another and this is dealt with between the clients. "

Seashell517

Nsq89 said:

eddddy said:

Nsq89 said:

I’m struggling to find an answer about this, my solicitor says its not his responsibility...

Hmmm... how did you find that solicitor?  Is it some kind of online conveyancing warehouse?

I'd have thought that your solicitor should be making pre-contract enquiries about this. i.e. Asking the seller (via the seller's solicitor) for the status of the claim, and whether the benefit of the claim is transferable to you.

The firm, JMW, was recommended to me by the estate agent. I expected they would confirm this, and made this clear, but at the last moment they are saying its not their responsibility saying "As conveyancers or solicitors we do not deal with the transfer of insurance from one to another and this is dealt with between the clients. "

Then ask the agent to get the vendor to clarify with the insurance company and forward on the correspondence to you.

Nsq89

frogglet said:

Why has the current owner waited so long to have the works done?  Was there a time limit on getting the works done?

The vendor told me I have until 2025 to activate the claim. The claim was made on the basis of a defect in the structure of all four houses in the block discovered when one house had a damp problem around 2016-2017, although there doesn't seem to be any problem that has manifested in the house I am proposing to buy. I do not know why they didn't get the work done, it was booked for this spring but they decided to sell instead.

Nsq89

saajan_12 said:

Is your solicitor saying its not part of standard conveyancing (and hence the fixed fee they quoted)? If so, could they take a look if they charged for their additional time? Or are they saying they wouldn't get involved at all?

They say that "As conveyancers or solicitors we do not deal with the transfer of insurance from one to another and this is dealt with between the clients. "

davidmcn

Nsq89 said:

eddddy said:

Nsq89 said:

I’m struggling to find an answer about this, my solicitor says its not his responsibility...

Hmmm... how did you find that solicitor?  Is it some kind of online conveyancing warehouse?

I'd have thought that your solicitor should be making pre-contract enquiries about this. i.e. Asking the seller (via the seller's solicitor) for the status of the claim, and whether the benefit of the claim is transferable to you.

The firm, JMW, was recommended to me by the estate agent. I expected they would confirm this, and made this clear, but at the last moment they are saying its not their responsibility saying "As conveyancers or solicitors we do not deal with the transfer of insurance from one to another and this is dealt with between the clients. "

Are you buying with a mortgage? If so (and assuming JMW are also acting for your lender), don't they think they need to seek instructions from your lender about the proposed works and ongoing claim?

Nsq89

davidmcn said:

Nsq89 said:

eddddy said:

Nsq89 said:

I’m struggling to find an answer about this, my solicitor says its not his responsibility...

Hmmm... how did you find that solicitor?  Is it some kind of online conveyancing warehouse?

I'd have thought that your solicitor should be making pre-contract enquiries about this. i.e. Asking the seller (via the seller's solicitor) for the status of the claim, and whether the benefit of the claim is transferable to you.

The firm, JMW, was recommended to me by the estate agent. I expected they would confirm this, and made this clear, but at the last moment they are saying its not their responsibility saying "As conveyancers or solicitors we do not deal with the transfer of insurance from one to another and this is dealt with between the clients. "

Are you buying with a mortgage? If so (and assuming JMW are also acting for your lender), don't they think they need to seek instructions from your lender about the proposed works and ongoing claim?

I'm a cash buyer