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Comments
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WibblyGirly wrote: »You could exchange and then he doesn't replace the boiler. Then you'd be stuffed.
That's the wrong reason, because...
...You would make it a condition of the contract that the boiler is replaced. If it's not replaced, the seller is in breach of contract.
Real reasons might be...- You would have no contract with the installer. If the boiler 'broke down' after a month because it was badly installed, you cannot make the installer fix it (or sue the installer).
- The seller may be planning to put in a 'super-cheap', under-sized, budget boiler to save money
Try to find out why the seller wants to do things this way. Once you know that, it may be easier to find a mutually acceptable solution.0 -
...You would make it a condition of the contract that the boiler is replaced. If it's not replaced, the seller is in breach of contract.
It will cost you more to take action than it will cost to replace the boiler.
People have been known to replace all the kitchen appliances, curtains etc after you viewed it. As long as it meets the inventory then you don't have a legal leg to stand on. Even if the vendor argued for a higher price because of all these nice shiny things in the house.
"I've replaced the boiler, with an older model than was originally fitted". It's replaced right?0 -
It will cost you more to take action than it will cost to replace the boiler.
Not really. Small claim court fees are here:
https://www.gov.uk/make-court-claim-for-money/court-fees
The fee can be added to your claim. You shouldn't need a solicitor"I've replaced the boiler, with an older model than was originally fitted". It's replaced right?
Ummm... I don't think a solicitor would draw up a contract that allowed the seller to do that.
And in any case, I wouldn't enter into a contract that allowed that. Would you?
Solicitors, the law and the house buying process are bit more sophisticated and robust than you suggest.
But, as I say in my previous post, there are other more realistic issues.0 -
Thank you for all your helpful replies!
My Dad is a heating engineer and the vendor has agreed for my dad to pick the boiler and pay him to fit it so at least I can trust that the work will be completed properly. However, I'm still worried that once we have exchanged the work will not happen so I will follow your advice, thank you!0 -
Thank you for all your helpful replies!
My Dad is a heating engineer and the vendor has agreed for my dad to pick the boiler and pay him to fit it so at least I can trust that the work will be completed properly. However, I'm still worried that once we have exchanged the work will not happen so I will follow your advice, thank you!
In that case, there's no problem.
I assume your Dad would come back and sort out any problems. And I assume your Dad would register the boiler warranty in your name.
So it just needs a very simple addition to the contract saying that the seller's solicitor will pay your Dad £x for the boiler installation on completion from the sale proceeds.
In that case, I agree with your original question - it seems strange that the seller doesn't just reduce the price of the property instead.0 -
Oh the work will happen. Your dad would not let you down.Thank you for all your helpful replies!
My Dad is a heating engineer and the vendor has agreed for my dad to pick the boiler and pay him to fit it so at least I can trust that the work will be completed properly. However, I'm still worried that once we have exchanged the work will not happen so I will follow your advice, thank you!
The question is, would your dad get paid........?
Get the cost knocked off the purchase price.0 -
"Winning" the case is very different to being paid and in some cases is just the start. Much better to go with other suggestions on this thread.Not really. Small claim court fees are here:
https://www.gov.uk/make-court-claim-for-money/court-fees
The fee can be added to your claim. You shouldn't need a solicitor0 -
Crashy_Time wrote: »If things are that tight he shouldn`t be moving house IMO, and there will probably be loads of other things he has neglected as well. Offer really low or walk away.
Life isn't always that straight forward though.0 -
Still say you should hold out for him to drop the price.0
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