Does a guarantee usually go with the work?

74jax

Hoping for some feedback from people who have purchased houses with guarantees.

- Last July, house in probate, and a leak appeared on a flat roof extension.
- Work completed, email recieved listed what was done, cost, and stated 15yr guarantee. 
- House sold June this year.
- Now a leak again, but when the roofer was approached, he said the guarantee doesn't stand as the property had been sold.

Just wondering if this is usual? I thought it would have been the works that was guaranteed regardless, but if its the norm I'd rather know.

Paperwork just states work done, cost and guaranteed. No names, terms etc.

Has anyone had anything similar? 

HampshireH

Is the leak in the same place as his work needs to be fit for purpose and if so it clearly wasn't 

A roof repair should last beyond a year regardless of a 15 year guarentee.

Have you asked for the terms and conditions of his guarentee in writing? (Not giving him enough time to write one especially) or is there anything on his website stating the terms 

74jax

HampshireH said:

Is the leak in the same place as his work needs to be fit for purpose and if so it clearly wasn't 

A roof repair should last beyond a year regardless of a 15 year guarentee.

Have you asked for the terms and conditions of his guarentee in writing? (Not giving him enough time to write one especially) or is there anything on his website stating the terms 

He is coming out to have a look this week. So will see where the leak is coming from (thought the whole flat roof was replaced).

Good shout on checking his website, thank you. 

eddddy

Unfortunately, you have no contract with the roofer (and you have never had one).


Therefore, the roofer almost certainly has no liability to you whatsoever.  But the roofer might do something cheaply (or for free) as a gesture of goodwill.


The roofer will have a contract with the seller - so the seller has the benefit of consumer rights and the 15 year guarantee. But I suspect the seller won't want to get involved.


Or did the roofer tell the seller that the guarantee was transferable to a new buy buyer? If so, you and the seller probably needed to follow a process with the roofer to transfer the guarantee. This should have been sorted out during the conveyancing. Again, you'd need the seller's cooperation to do this now.





Edit to add...

Just to emphasise... whatever the roofer's website says doesn't apply to you, in this case. (But it may or may not form part of the terms the sellers agreed to)


But if you pay the builder to do a new repair, you will be entering into a contract with the roofer, and the terms on the website would probably form part of that new contract for the new repair.

74jax

eddddy said:

Unfortunately, you have no contract with the roofer (and you have never had one).


Therefore, the roofer almost certainly has no liability to you whatsoever.  But the roofer might do something cheaply (or for free) as a gesture of goodwill.


The roofer will have a contract with the seller - so the seller has the benefit of consumer rights and the 15 year guarantee. But I suspect the seller won't want to get involved.


Or did the roofer tell the seller that the guarantee was transferable to a new buy buyer? If so, you and the seller probably needed to follow a process with the roofer to transfer the guarantee. This should have been sorted out during the conveyancing. Again, you'd need the seller's cooperation to do this now.





Edit to add...

Just to emphasise... whatever the roofer's website says doesn't apply to you, in this case. (But it may or may not form part of the terms the sellers agreed to)


But if you pay the builder to do a new repair, you will be entering into a contract with the roofer, and the terms on the website would probably form part of that new contract for the new repair.

I'm the seller (well Executor) not the purchaser.   

The purchaser (distant family) has just moved in and wanted a copy of the guarantee.  When she contacted the roofer he said as it had been sold the guarantee didn't stand.

I always thought it was the work guaranteed, I wonder why the solicitor wanted copies of window, roof guarantees etc if it is common for them not to be transferred.

You learn something every day.

user1977

74jax said:

eddddy said:

Unfortunately, you have no contract with the roofer (and you have never had one).


Therefore, the roofer almost certainly has no liability to you whatsoever.  But the roofer might do something cheaply (or for free) as a gesture of goodwill.


The roofer will have a contract with the seller - so the seller has the benefit of consumer rights and the 15 year guarantee. But I suspect the seller won't want to get involved.


Or did the roofer tell the seller that the guarantee was transferable to a new buy buyer? If so, you and the seller probably needed to follow a process with the roofer to transfer the guarantee. This should have been sorted out during the conveyancing. Again, you'd need the seller's cooperation to do this now.





Edit to add...

Just to emphasise... whatever the roofer's website says doesn't apply to you, in this case. (But it may or may not form part of the terms the sellers agreed to)


But if you pay the builder to do a new repair, you will be entering into a contract with the roofer, and the terms on the website would probably form part of that new contract for the new repair.

I wonder why the solicitor wanted copies of window, roof guarantees etc if it is common for them not to be transferred.

Are you saying the solicitors did see the guarantee, but seemed happy that it would be enforceable by their client? If so that's their problem, but the default is that it's only the original party who can enforce it, unless the guarantee explicitly says otherwise (or the guarantor agrees to it being assigned).

74jax

user1977 said:

74jax said:

eddddy said:

Unfortunately, you have no contract with the roofer (and you have never had one).


Therefore, the roofer almost certainly has no liability to you whatsoever.  But the roofer might do something cheaply (or for free) as a gesture of goodwill.


The roofer will have a contract with the seller - so the seller has the benefit of consumer rights and the 15 year guarantee. But I suspect the seller won't want to get involved.


Or did the roofer tell the seller that the guarantee was transferable to a new buy buyer? If so, you and the seller probably needed to follow a process with the roofer to transfer the guarantee. This should have been sorted out during the conveyancing. Again, you'd need the seller's cooperation to do this now.





Edit to add...

Just to emphasise... whatever the roofer's website says doesn't apply to you, in this case. (But it may or may not form part of the terms the sellers agreed to)


But if you pay the builder to do a new repair, you will be entering into a contract with the roofer, and the terms on the website would probably form part of that new contract for the new repair.

I wonder why the solicitor wanted copies of window, roof guarantees etc if it is common for them not to be transferred.

Are you saying the solicitors did see the guarantee, but seemed happy that it would be enforceable by their client? If so that's their problem, but the default is that it's only the original party who can enforce it, unless the guarantee explicitly says otherwise (or the guarantor agrees to it being assigned).

My solicitor asked for my guarantees which I sent. To be honest I've no idea what they did with them. Like I say I always thought a guarantee was for the work or item, not the person who sorted it.

I just had a message last week saying the roof had leaked again and could they have the guarantee so they knew who to contact. Then the events unfolded.

The roofer is going out to look but it's a kick in the teeth ig it is his work and it's not guaranteed. 

user1977

74jax said:

user1977 said:

74jax said:

eddddy said:

Unfortunately, you have no contract with the roofer (and you have never had one).


Therefore, the roofer almost certainly has no liability to you whatsoever.  But the roofer might do something cheaply (or for free) as a gesture of goodwill.


The roofer will have a contract with the seller - so the seller has the benefit of consumer rights and the 15 year guarantee. But I suspect the seller won't want to get involved.


Or did the roofer tell the seller that the guarantee was transferable to a new buy buyer? If so, you and the seller probably needed to follow a process with the roofer to transfer the guarantee. This should have been sorted out during the conveyancing. Again, you'd need the seller's cooperation to do this now.





Edit to add...

Just to emphasise... whatever the roofer's website says doesn't apply to you, in this case. (But it may or may not form part of the terms the sellers agreed to)


But if you pay the builder to do a new repair, you will be entering into a contract with the roofer, and the terms on the website would probably form part of that new contract for the new repair.

I wonder why the solicitor wanted copies of window, roof guarantees etc if it is common for them not to be transferred.

Are you saying the solicitors did see the guarantee, but seemed happy that it would be enforceable by their client? If so that's their problem, but the default is that it's only the original party who can enforce it, unless the guarantee explicitly says otherwise (or the guarantor agrees to it being assigned).

The roofer is going out to look but it's a kick in the teeth ig it is his work and it's not guaranteed. 

Luckily not your teeth.

74jax

user1977 said:

74jax said:

user1977 said:

74jax said:

eddddy said:

Unfortunately, you have no contract with the roofer (and you have never had one).


Therefore, the roofer almost certainly has no liability to you whatsoever.  But the roofer might do something cheaply (or for free) as a gesture of goodwill.


The roofer will have a contract with the seller - so the seller has the benefit of consumer rights and the 15 year guarantee. But I suspect the seller won't want to get involved.


Or did the roofer tell the seller that the guarantee was transferable to a new buy buyer? If so, you and the seller probably needed to follow a process with the roofer to transfer the guarantee. This should have been sorted out during the conveyancing. Again, you'd need the seller's cooperation to do this now.





Edit to add...

Just to emphasise... whatever the roofer's website says doesn't apply to you, in this case. (But it may or may not form part of the terms the sellers agreed to)


But if you pay the builder to do a new repair, you will be entering into a contract with the roofer, and the terms on the website would probably form part of that new contract for the new repair.

I wonder why the solicitor wanted copies of window, roof guarantees etc if it is common for them not to be transferred.

Are you saying the solicitors did see the guarantee, but seemed happy that it would be enforceable by their client? If so that's their problem, but the default is that it's only the original party who can enforce it, unless the guarantee explicitly says otherwise (or the guarantor agrees to it being assigned).

The roofer is going out to look but it's a kick in the teeth ig it is his work and it's not guaranteed. 

Luckily not your teeth.

True. But it is family....

I hope the roofer is 'generous' with his quote when he goes. He was very reasonable and seemed decent to my husband and has fanastic local presence, just have to see I guess.

I just mentioned it to my husband, and he arranged it all - having nothing to do with the property, other than being my husband (executor), so it's interesting the guarantee is actually with my husband and not even me.