New Home - Register Warranty

MrMoi

Hi, we bought a new build home 2021 directly from a developer. The unvented hot water cylinder has started leaking now and seems like an issue with the exterior of the cylinder as water is leaking from the bottom. Vaillant offer a 25 year guarantee with the model however they have now shirked responsibility for this as the cylinder was never registered with them.

As I understood it, the CRA 2015 would cover this as the item has not performed as one would reasonably expect and is within the 6 year period. The issue we are facing is who do we try to recover costs from. In 100% of cases it would be the company you purchase from and not the manufacturer directly. We have approached Vaillant, who ultimately will be replacing the cylinder whatever the logistics are and they have point bank refused and said to go through the correct channels i.e. to the company we bought it from. 

We have now received a final response from the company we bought the home from who have said the following:

"Warranty documents are handed over directly by the developer to the purchaser – on this occasion yourself – as part of the Home User Guide. As the developer hands over these documents directly, we do not have a copy of any warranty registration.  Additionally, it is part of the purchase process that you instruct a conveyancing solicitor who makes enquiries about warranties and guarantees on your behalf. The absence of any warranty should therefore have been identified during the time the purchase was proceeding and you may feel you want to contact the solicitor who dealt with the purchase for you to enquire about this."

Now, the CRA doesn't apply to home purchases but this lives in the grey area as it is not a home purchase issue, more a white goods issue. A tough one to know were the law sits with this, obviously we'll find out in small claims court but wondering if anyone on here had experience in this type of issue or has a better legal mind than I do.

Alderbank

MrMoi said:

Now, the CRA doesn't apply to home purchases but this lives in the grey area as it is not a home purchase issue, more a white goods issue. A tough one to know were the law sits with this, obviously we'll find out in small claims court but wondering if anyone on here had experience in this type of issue or has a better legal mind than I do.

Not a grey area.
This is not about a freestanding microwave which sits on the worktop. Plumbed-in components of the heating system are fixtures and fittings. They are part of the house.

It is nonsense from the developer to talk about warranties, your question was about consumer rights which are statutory and quite distinct from any warranties. However they are correct that the CRA does not apply to property purchases because unlike a simple trader/consumer transaction the purchase of property is regulated. Your solicitor should have advised you about your rights and lack of rights after completion.

lincroft1710

The usual procedure is that the claim is against the body that sold you the faulty item. Warranties/guarantees are in addition to any Consumer Rights you may have but the terms and conditions of such need to be followed (unless they are are onerous or unfair and registration of the product is neither).


So you need to approach the developer for a solution. 

visidigi

MrMoi said:

Hi, we bought a new build home 2021 directly from a developer. The unvented hot water cylinder has started leaking now and seems like an issue with the exterior of the cylinder as water is leaking from the bottom. Vaillant offer a 25 year guarantee with the model however they have now shirked responsibility for this as the cylinder was never registered with them.

As I understood it, the CRA 2015 would cover this as the item has not performed as one would reasonably expect and is within the 6 year period. The issue we are facing is who do we try to recover costs from. In 100% of cases it would be the company you purchase from and not the manufacturer directly. We have approached Vaillant, who ultimately will be replacing the cylinder whatever the logistics are and they have point bank refused and said to go through the correct channels i.e. to the company we bought it from. 

We have now received a final response from the company we bought the home from who have said the following:

"Warranty documents are handed over directly by the developer to the purchaser – on this occasion yourself – as part of the Home User Guide. As the developer hands over these documents directly, we do not have a copy of any warranty registration.  Additionally, it is part of the purchase process that you instruct a conveyancing solicitor who makes enquiries about warranties and guarantees on your behalf. The absence of any warranty should therefore have been identified during the time the purchase was proceeding and you may feel you want to contact the solicitor who dealt with the purchase for you to enquire about this."

Now, the CRA doesn't apply to home purchases but this lives in the grey area as it is not a home purchase issue, more a white goods issue. A tough one to know were the law sits with this, obviously we'll find out in small claims court but wondering if anyone on here had experience in this type of issue or has a better legal mind than I do.

Have you had it annually serviced since install date?