Sold house. Buyer harassing us.

gandalf2k5

My solicitor messaged me up to today relaying the info until I said that I wasn’t discussing it anymore. He now has my address but I have yet to hear from him but fully expect to at some point. 

sheramber

This situation is why , when i was given the choice, II advised my solicitor to delete clause 4  giving a warrnaty that things were working.

My missive also sad that  only claims totalling £300 would be  considered, again on the advice of my solicitor.

What did your missive say?

When my son moved into his house the cooker stopped working after three days. The seller had to pay for the repair.

gandalf2k5

My missives say

Condition 1 of your said formal offer and Condition 4 of the Scottish Standard Clauses (Edition 5) are modified to the extent that no warranty is given as regards the condition of any of the appliances within the subjects. By your acceptance hereof your clients are bound to have accepted the position and no claim shall lie against our clients in this regard.

pinkshoes

My house didn't have a boiler thermostat. I didn't spot it when we looked round and then only realised when we moved in. It's just not something I thought to look for! My fault for not asking or checking! We lived with it for 5 years then replaced the boiler as it was 40 years old!

gandalf2k5

The boiler is 4.5 - 5 years old. He commented with how it was in a good condition when viewing the property. The thermostat was never with us to begin with so obviously at viewing there was none. As I said earlier we never had a problem in the 2.5 years even once with it. Obviously things break eventually but it’s happens to get a fault after we reject any proposals? He needs a survey when he is a gas fitter? I expect some small claims court action at some point this year. But he has been chasing any penny the whole process and although he might not view any of my actions as helping with regards to stuff listed earlier in my opinion he was going to never be happy with any used house. 

ThisIsWeird

Ok, I do not understand the legal situation in Scotland, even tho' I'm Scottish, but this '5-day' clause must surely only be like a 'snagging' period, Ie for the new buyer to confirm that the property is still functioning as it was on the day it was viewed and sold?
In which case, the boiler is operating exactly as it was on viewing, and on completion. Nothing has subsequently changed. A copper pipe did not morph into a polymer in that time. The thermostat did not subsequently disappear - it never existed.
These factors are exactly as they were when the property was viewed, and as bought.
I'm equally gobsmacked by the other list. It surely cannot be the case that every house sold in Scotland must be 'perfect', and not have even a sloppy door handle!
I can fully understand a valid claim within the 5-days for a boiler that ceased to function, when it was clearly sold as operational. Or if an operational wall 'stat went missing. But that is not the situation here.

Gandalf, please keep all the irrelevant and emotive info out of subsequent posts as it makes it hard to read. Can you describe what controls your boiler does have? How did you operate the CH? Is it a combi boiler? If not, how did you control the DHW heating?

I would suggest as a way forward, if the CH system has, say, a wireless receiver fitted for a device, then I'd buy a new 'stat to operate with it. If the wiring exists for a wired wall stat, that's been blanked off, I'd consider buying them a cheap manual 'stat - £20 - to fit there.

If neither exists, then it's clear that the boiler was not controlled by an external 'stat when they viewed and bought the property, so the bampots can go awa'.

sheramber

I replied to our lawyer that my dealings with the lawyer had been payed for and finished not to contact me again. That the house was sold as seen as is the case with used houses. If he has any problem then he can take me to court. 

It is unfortunate that you did that. Youi  should have let your lawyer deal with this.