Seller's responsibilities for dodgy central heating?
- Thread starter u04elw2
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i am maybe missing something here but if there is a gasket missing on a flue component then i would have left it at risk and turned off......no heat or hot water....so no worky.
if the 5 day clause is in the missives then it's cast iron, you will need to check what the clause states is covered though.
if the 5 day clause is in the missives then it's cast iron, you will need to check what the clause states is covered though.
Yep, this is what I'm trying to get across to the solicitor - the plumber has forbidden me from turning the system on, due to the gasket being missing and therefore the danger from CO. It is therefore not in a safe condition to use. Although solicitor being a solicitor took the fact that it still has the potential to heat water as it being "working".
Maybe I should ask the solicitor to spend a night in my flat with its "working" central heating system and see how he feels about it in the morning?
This is assuming he isn't dead by then...
Maybe I should ask the solicitor to spend a night in my flat with its "working" central heating system and see how he feels about it in the morning?
This is assuming he isn't dead by then...
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how can it heat water? if it's by immersion then you need to make it clear the boiler isn't doing anything and has been turned off with a nice warning notice and label hanging off it.
as always with these thick but supposedly intelligent types you will probably have to make your point several times by several different methods to make it clear.
as always with these thick but supposedly intelligent types you will probably have to make your point several times by several different methods to make it clear.
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From what I gather, which again could be wrong as I'm far from a plumber, the system still powers up, heats water, does its thing. But whilst doing so, this gasket problem means the CO in the room builds up. Therefore I'm not allowed to turn it on.
Does that make sense? My brain is mush, it's friday and all that...
Does that make sense? My brain is mush, it's friday and all that...
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sorry but if it's spilling CO into the room and this has been proven then it should have been capped and labeled immediately dangerous. if i were you i would be querying this with your "plumber". if he hasn't capped it for that he is a high level dodger.
what paperwork did he leave you?
what paperwork did he leave you?
This what my stepdad said last night (that it should be capped, tagged etc) so I'm going to see about getting someone to do that if they won't. No paperwork as of yet and I am chasing them up for it as I need it to give to the solicitor. Argh I just want to move in, this is all that's holding me back and it's doing my head in!
Copied from that link:-
What happens if after I move into the house I discover dry rot or something which costs a lot to repair – can I get compensation from the seller?
Generally houses are sold “as seen” and there is no right to compensation if the house is not of the standard you thought. That is why getting a good survey done as a buyer is important.
Sometimes the contract allows claims for defects of certain types reported to the seller within a short time of the date of entry – usually seven days. But this usually relates to things like central heating not working – not the fabric of the building.
That is only advice not the law but I interpret that as only applying PROVIDING a specific clause has been included in the sale Contract and not a prescriptive right!
Tony
The system is knackered, you had it surveyed, the surveyor/plumber told you it was knackered and you bought it knowing it to be knackered. I hope you paid less than if the system had been in good order.
Get on and get it fixed and stop wasting everyone's time trying to pry some money back off the seller. It's yours now.
Get on and get it fixed and stop wasting everyone's time trying to pry some money back off the seller. It's yours now.
N
namsag
Read what the guy put the law on buying a house with a fault is different in scotland if you cant put anything constructive why bother replying
On my house I had the 5-7 day clause for inspection of central heating, mine had a couple of leaky pipes which needed fixed, the seller agreed to it without problem.
just my opinion but i pretty much took the clause to mean boiler and associated pipework, i wouldn't have taken it to include hot water storage tank itself and the cold water tank that feeds it, nor the cooker or any other standalone heating appliance.
if I encountered the things on your list i would think:
storage tank: shame, but if it's old tough luck. corroded does not mean it's going to fail anytime soon?
Cooker: dodgy, but not central heating so does it come under the clause?
boiler: it's 30-40 years old and does work, could have been like that for years. is the clause designed to give you a new system to replace a 30-40 year old system, probably not. On an old system a survey should have been done in advance i would say, would have been a bargaining chip.
Your solictior works for you, just tell him the boilers been condemmed and to contact the sellers to see what they say as per your contract. at least they might get another engineer out and you'll get a second opinion.
If they say 3k too you might be able to negotiate some compromise with the sellers?
just my opinion but i pretty much took the clause to mean boiler and associated pipework, i wouldn't have taken it to include hot water storage tank itself and the cold water tank that feeds it, nor the cooker or any other standalone heating appliance.
if I encountered the things on your list i would think:
storage tank: shame, but if it's old tough luck. corroded does not mean it's going to fail anytime soon?
Cooker: dodgy, but not central heating so does it come under the clause?
boiler: it's 30-40 years old and does work, could have been like that for years. is the clause designed to give you a new system to replace a 30-40 year old system, probably not. On an old system a survey should have been done in advance i would say, would have been a bargaining chip.
Your solictior works for you, just tell him the boilers been condemmed and to contact the sellers to see what they say as per your contract. at least they might get another engineer out and you'll get a second opinion.
If they say 3k too you might be able to negotiate some compromise with the sellers?
It is constructive.
Tank; corroded, knew it to be corroded, still holds water, bought it.
Boiler; 30 years old, knew it was ancient, bought it; now hoping for a 'repair' that involves a new boiler.
I fear he will be disappointed.
You had the clause in your contract.
The OP has not confirmed if he had any similar clause.
The advice I posted above in red implies that only applies if the specific clause is in the Contract.
Tony
yeah, pretty sure that it has to be in the contract to be applicable, I'm not aware of it being some other kind of law otherwise how could you sell properties in need of major renovation.
First up, HE is a SHE
Secondly, I DO have the clause in my contract. Hence I am doing all of this. And hence I mentioned about 20 posts back that my contract stated I have 5 days to get the system checked out
Also, the hot water storage tank has a basin under it, along with a note saying that the valve has been turned off as it leaks so badly and under no circumstances turn the valve on. Therefore it does not hold water. It is corroded to the point of leaking and destroying my floor and the downstairs neighbours ceiling.
I did not get it surveyed, the new property law in scotland states that the seller gets a surveyor in and puts it in a home report. I got this home report which stated the 5 day thing about making sure to get the central heating checked ONCE I HAVE BOUGHT THE FLAT. I wasn't able to get it checked beforehand, they wouldn't allow it.
Finally, there is currently a Scottish Gas guy in the flat as I speak, who believes the boiler is to be condemned. He believes, from previous experience, that I have a case against the seller under the 5 day clause and also because on my survey it was stated to get the system checked and report any faults to the solicitor.
I'm kind of sick of repeating myself tbh.
Secondly, I DO have the clause in my contract. Hence I am doing all of this. And hence I mentioned about 20 posts back that my contract stated I have 5 days to get the system checked out
Also, the hot water storage tank has a basin under it, along with a note saying that the valve has been turned off as it leaks so badly and under no circumstances turn the valve on. Therefore it does not hold water. It is corroded to the point of leaking and destroying my floor and the downstairs neighbours ceiling.
I did not get it surveyed, the new property law in scotland states that the seller gets a surveyor in and puts it in a home report. I got this home report which stated the 5 day thing about making sure to get the central heating checked ONCE I HAVE BOUGHT THE FLAT. I wasn't able to get it checked beforehand, they wouldn't allow it.
Finally, there is currently a Scottish Gas guy in the flat as I speak, who believes the boiler is to be condemned. He believes, from previous experience, that I have a case against the seller under the 5 day clause and also because on my survey it was stated to get the system checked and report any faults to the solicitor.
I'm kind of sick of repeating myself tbh.
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