Mis-representation after house purchase - anyone ever had any luck?

bertiebb_2

Yes I know to a certain extent its a case of Caveat Emptor and you are relying a LOT on the seller actually being a decent human being........

The house we sold I fixed all little things and cleaned the house from top to bottom. The one we moved into looked like pigs had been living there.

But thats by the by. The issues we've had have cost us money.

- New Boiler £3000. We knew the boiler was old but not pretty much knackered. Showers didn't work properly. They promised it had been serviced (and it hadn't) and it was condemned when the engineer saw it.

- Gas fire. Not working. Disconnected.

- Leak in bathroom. Not a small one. Literally flooding the place. £200.

- Junk thrown behind garage. :Lots - probably going to cost few £ to remove.

- Lights. Removed leaving bare wires.... A few £100 here.

I know from the TA6/10 the seller has ticked "heating in good working condition" - no chance.
And I also see they're not allowed to leave bare wires.

Lesson learned - never trust anyone to actually act like a decent person.

My conveyancer has been useless. Any suggestions? Anyone ever got anywhere with this?

I'd stick them with a small claim but, of course, I don't know where they moved to?

Hoenir

bertiebb_2 said:

- New Boiler £3000. We knew the boiler was old but not pretty much knackered. Showers didn't work properly. They promised it had been serviced (and it hadn't) and it was condemned when the engineer saw it.

- Gas fire. Not working. Disconnected.

Onus is on the buyer to conduct their own due diligence. Instruct and pay for their own independent engineer.

Tabieth

Did you get a full structural survey? If so, did it pick up these issues? 

user1977

bertiebb_2 said:

I'd stick them with a small claim but, of course, I don't know where they moved to?

In which case there's not much point considering anything else - you can't sue them without knowing where to find them.

bertiebb_2

Tabieth said:

Did you get a full structural survey? If so, did it pick up these issues? 

I did yes- no problem structurally but it does not cover things like heating systems etc.

bertiebb_2

Hoenir said:

bertiebb_2 said:

- New Boiler £3000. We knew the boiler was old but not pretty much knackered. Showers didn't work properly. They promised it had been serviced (and it hadn't) and it was condemned when the engineer saw it.

- Gas fire. Not working. Disconnected.

Onus is on the buyer to conduct their own due diligence. Instruct and pay for their own independent engineer.

To a certain extent but the vendor lied on the TA10 form......

Does every house buyer get a heating engineer round to check the boiler, an electrician around to check the electrics, a plumber around to check the plumbing?

Do you visit and say, right, turn everything on? Do you sit there and say im staying for 2 hours to wait and see if there are any leaks?

Do you go around the day before completion and check they've not dumped stuff?

bertiebb_2

user1977 said:

bertiebb_2 said:

I'd stick them with a small claim but, of course, I don't know where they moved to?

In which case there's not much point considering anything else - you can't sue them without knowing where to find them.

Seems a bit of a strange system then - I do know their solicitors address.

user1977

bertiebb_2 said:

user1977 said:

bertiebb_2 said:

I'd stick them with a small claim but, of course, I don't know where they moved to?

In which case there's not much point considering anything else - you can't sue them without knowing where to find them.

Seems a bit of a strange system then - I do know their solicitors address.

What's strange about it? How would you get money out of them if you don't know where they are?

Tiglet2

bertiebb_2 said:

Tabieth said:

Did you get a full structural survey? If so, did it pick up these issues? 

I did yes- no problem structurally but it does not cover things like heating systems etc.

Well, surveyors are not electrical nor heating experts so the survey would advise you get them looked at and reported on by someone who is qualified to do so.  Sounds like you didn't do that.

Tiglet2

bertiebb_2 said:

Hoenir said:

bertiebb_2 said:

- New Boiler £3000. We knew the boiler was old but not pretty much knackered. Showers didn't work properly. They promised it had been serviced (and it hadn't) and it was condemned when the engineer saw it.

- Gas fire. Not working. Disconnected.

Onus is on the buyer to conduct their own due diligence. Instruct and pay for their own independent engineer.

To a certain extent but the vendor lied on the TA10 form......

Does every house buyer get a heating engineer round to check the boiler, an electrician around to check the electrics, a plumber around to check the plumbing?

Do you visit and say, right, turn everything on? Do you sit there and say im staying for 2 hours to wait and see if there are any leaks?

Do you go around the day before completion and check they've not dumped stuff?

The house, unless brand new, will require ongoing maintenance.  You can check by hiring experts to test and report but it's not much good if the system fails a day after you complete.  You do your best with due diligence but it cannot protect against all eventualities.

You could definitely claim for the bare wires.  But what can you do if the sellers ignore any communication from you via your/their solicitor and you don't know where they have moved to?  It's probably not worth trying to pursue this for the small amount ceiling roses would cost to supply and fit.

To claim for anything else you have listed you would need evidence that they lied on the TA6 (not TA10 - that's the leasehold form).  The heating may have worked ok until completion.  The shower they say was serviced - you have the written service report to support that, otherwise 'as far as they were aware', the shower worked at the time.  Difficult to prove they lied.  Gas fire - did they say it was working or omit that on the form?  Presumably the bathroom leak happened after completion and therefore the seller was unaware of it when selling.  Junk - you could ask your solicitor to write to their solicitor asking them to collect their stuff by a certain date, after which you will dispose of it.  Being able to compel them to act/pay you to get rid is the difficult part - they may just ignore your contact.

Conveyancing solicitors deal with the transfer of property from one party to another.  Claiming for misrepresentation would fall under the remit of a litigation solicitor.

Hoenir

bertiebb_2 said:

Hoenir said:

bertiebb_2 said:

- New Boiler £3000. We knew the boiler was old but not pretty much knackered. Showers didn't work properly. They promised it had been serviced (and it hadn't) and it was condemned when the engineer saw it.

- Gas fire. Not working. Disconnected.

Onus is on the buyer to conduct their own due diligence. Instruct and pay for their own independent engineer.

Does every house buyer get a heating engineer round to check the boiler, an electrician around to check the electrics, a plumber around to check the plumbing?

I agree, Not every house buyer does. You aren't the first to report such an issue nor will be the last.

Would you buy an expensive second hand car privately without an independent inspection?  I doubt it.