Sellers and Solicitor(s) ignoring complaint following settlement (Scotland)

Judebea

Hi, looking for some advice on how to progress things. 

I bought my first home recently and have had the keys less than 2 weeks. I discovered on day 2 of receiving the keys that there was a bad leak under the sink. I've had a Plumber out and the Stop Clock is leaking with water damage to surrounding unit/wall. It is a slow leak (months/years) and obviously has been patched up (plastic bag stuffed in a hole in the floor under the kitchen unit). None of this highlighted in Home Report and unclear on viewing as I had to remove skirting under kitchen unit to inspect. A further issue I have discovered is the night storage heater in the living room doesn't work at all.

I have a quote from a Plumber and have forwarded it to my Solicitor as believe such issues when highlighted within 5 working days fall under the Scottish Standard Clauses. Clause 4; ‘the Seller undertakes that all systems and appliances will be in working order commensurate with age. Clause 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.’ My Solicitor also highlighted in the Missives that we would expect the heating to work. 

The Sellers Solicitor is basically ignoring my Solicitor's request for the Seller's to have these issues fixed. The Seller's Solicitor says the leak and broken heater are 'commensurate with age' (the property is 30 years old) and the Sellers didn't know about it as didn't live there themselves as only rented it out! 

Feeling like as everyone has their money and fees they are happy to ignore my claim. How do I progress this? Anyone with similar experiences?

[Deleted User]

Judebea said:

Hi, looking for some advice on how to progress things. 

I bought my first home recently and have had the keys less than 2 weeks. I discovered on day 2 of receiving the keys that there was a bad leak under the sink. I've had a Plumber out and the Stop Clock is leaking with water damage to surrounding unit/wall. It is a slow leak (months/years) and obviously has been patched up (plastic bag stuffed in a hole in the floor under the kitchen unit). None of this highlighted in Home Report and unclear on viewing as I had to remove skirting under kitchen unit to inspect. A further issue I have discovered is the night storage heater in the living room doesn't work at all.

I have a quote from a Plumber and have forwarded it to my Solicitor as believe such issues when highlighted within 5 working days fall under the Scottish Standard Clauses. Clause 4; ‘the Seller undertakes that all systems and appliances will be in working order commensurate with age. Clause 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.’ My Solicitor also highlighted in the Missives that we would expect the heating to work. 

The Sellers Solicitor is basically ignoring my Solicitor's request for the Seller's to have these issues fixed. The Seller's Solicitor says the leak and broken heater are 'commensurate with age' (the property is 30 years old) and the Sellers didn't know about it as didn't live there themselves as only rented it out! 

Feeling like as everyone has their money and fees they are happy to ignore my claim. How do I progress this? Anyone with similar experiences?

What is your solicitor advising? If the vendor isn’t going to rectify the issues then you’ll need to take legal action against them, has your solicitor mention this? 

Judebea

My Solicitor has generally been good however I'm concerned they also have their fees now and aren't pushing the issue. I have asked how we will progress with this if the Seller's and their Solicitor are ignoring my claim but am awaiting a response. 
I hope to not make a legal case due to the financial costs. I'm on my own and all my savings pretty much went on the deposit.
It is frustrating as I hope to get these things resolved. The Sellers were sibling's selling a rented property and I feel fixing these issues is a drop in the ocean (not for me).