New flat, boiler issues.

[pw1123]

Evening all.

Just got the keys to a new flat yesterday which has a 14yr old combi boiler.

When we viewed the property we knew the timer/dial was off the boiler but didn't make a fuss as we plan to install a Nest control system and the manual on/off was still accessible.

Tonight I put it on manually for the first time and within 30s there were multiple fairly significant drips coming out the base onto the kitchen worktop.

I'm now wondering; can we go back to the seller and request they have it looked at because it clearly has issues?

Any advice would be appreciated.

 

[KenGMac]

pw1123, good evening.

In some cases of Conveyancing, the legal people, as I live in Scotland, commonly place a fall bask clause in the selling / purchase of a property, generally to the effect that the "fittings" [such as a C/H boiler] is in serviceable and workable condition.

If the [major] "fittings" such as above "Fail" within a set time, say 28 Days, the purchaser has a safeguard that the vendor has to sort out the problem??

Sorry to bang on about Scotland, it may be a similar situation in England, but the vendor has to affirm that certain things, such as a C/Heating system is functioning as intended?

Suggest you on Monday morning, sit on the Phone, even better sit in your legal representative Office to ensure that something is sorted out, as a secondary consideration? what does your other professional adviser say in his [or her ] Survey Report?? if the Surveyor gave the C/Heating system a clean bill of health you are home and dry, the valuation surveyors professional Indemnity insurance [ or the surveying practice will be required to Indemnify you against the cost of a new C/Heating boiler?

OK I have a feeling things will be different in England, but I hope this post points you is at least the correct direction??. Lets see what the Board thinks??

Ken

 

[pw1123]

Many thanks for the reply Ken, I'm not too worried bout England as I too am in Scotland

I've just had a fresh look through the home report: it states no testing was carried out and the CH seems to be in working order. The seller notes in their questionnaire that there is a maintenance contract in place but doesn't say who with.

Reckon it may be a case of getting our solicitor to request those details and that the seller covers any excess charges incurred for the repair.

 

[martin43]

Hi PW1123

I had the same problem when I moved house. The boiler had failed on the day the previous owners moved out and they had contacted a firm to fix it. It took four visits by said firm after which they still hadn't sorted it so I got rid of them and got another company who managed to sort it in an hour. The cost of all this was covered by the sellers, but I'm reasonably certain you only have seven days from completion to give notice via your solicitors to the sellers solicitors that the CH is not in full working order.
Regards
Martin in Scotland as well.

 

[pw1123]

Martin, thanks for your input.

I'll contact the solicitor today and get the ball rolling.

Meanwhile I've got the joys of Pollyfila to get on with....

 

[KenGMac]

pw1123, good evening again.

I believe that Martin is spot on correct.

Buried somewhere in the Conveyancing letters, terms and conditions hat pass between Vendor and Purchaser, Solicitors there is generally a clause that states all plant and Machinery [Say a C/Heating Boiler] are in good working order and in a workable serviceable condition, having typed that, it is over a Decade since my last move. It is possible that such conditions may have been dinged?

Primary thing for you to do is contact your Solicitor, to that end if you are in e mail contact, send him an e mail as soon as you can, reason for that is the date / time stamp on the e mail as the instant you trigger whatever happens between the two Solicitors, remember time may be running out???

On another front? it could be argued that the information contained in the Questionnaire, a Legal Document?? was shall we say "Flawed" and as you point out get your Solicitor to really press hard for paperwork as regards boiler Servicing. By information I mean receipts and such to show when the unit was last serviced, if at all any time recent.

It may be prudent not to run the C/Heating unit, until such time as you have a competent Engineer give the unit the OK.

Ken.

 

[ianmcd]

In Scotland it is actually six days from the handover of keys to report a problem but your solicitor actually holds the funds for 28 days before it is transferred to the seller so you will be fine they will pay to get it sorted or they dont receive payment till it is

 

[Agile]

But Ian, in practice do solicitors charge extra for dealing with boilers not working?

At London prices, one hour of a solicitor would repair most boilers.

Solicitors rarely do much in one hour!

 

[DP]

Solicitors rarely do much in one hour!

Sir, you are again talking without foundation.
Will I get my daughter, who is a solicitor, to post a reply?

Will you please refrain from making wild statements.

 

[pw1123]

Many thanks for the responses, it's now with the solicitor to progress.

 

[KenGMac]

Agile, good evening.

With the best of respect, I really do mean this, this is a totally non-confrontational post, seriously!

It has been the Practice of Scottish Conveyancing that there are several agreed shall I call it "Protocols" manifesting themselves in a set of terms and conditions attaching to Conveyancing, up here in the far frozen north that is , dare I say it is a different county, with completely different system of Conveyancing Et-All.

As can be seen from the posts on this string, I am positive that the O/Poster will be totally indemnified by such clauses.

As for London prices, forget all that froth and bubble of our nations Capital City, we are in effect typing about a completely totally different situation, and in a completely different Country with its own unique and ancient historical laws?

What will be happening is that a Secretary will pen a letter or e mail, the Solicitor will in effect "rubber stamp" and authorise the sending of the "Legally binding" ! ! ! communication to the vendor, sating that the Vendor is in breach of the conveyancing protocols, simple as that.

After that the vendor will be held totally "legally" liable to reimburse the Purchaser to rectify the issue, simple, effective, and has been in operation up here and working successfully for ever?

DP, As can be seen above, up here it is a well oiled "Process" rather that a one of event requiring a major intervention by a main stream costly Lawyer, rather up here the process is easy, quick and most importantly effective, it has been on-going for decades so the entire process is slick and well trodden, not a one of show stopper.

Ken

 

[DP]

Ken, tony has a habit of saying things he knows nothing about.

 

[Agile]

Yes, Ken, but who pays the purchasor's solicitors fees when there is a dispute about a gas boiler not being in full working order at the point of sale?

In England this can involve expert witness reports on behalf of both sides!

Only this evening, a Landlord was telling me how her tenant refuses her access to carry out essential work unless she has a solicitor's letter sent. That costs her £240 inc vat each time!

Tony

 

[DP]

Tony clearly you are not reading the reply or question asked carefully. There is no landlord involved so your example is not relevant.

What is relevant is you implying solicitors are lazy and don't do much

What is relevant is buyers solicitor is holding the money for period

What is relevant is the new purchaser has 5 days to report defects and allow the seller to sort things out

What is relevant is a hard working solicitor will have all that in legal format agreed by buyers solicitors client.

Perhaps Ken will correct me where I have failed to understand the concept.

 

[martin43]

Tony, perhaps not unreasonably doesn't understand the Scottish conveyancing process.

Simply, I am selling a house and Joe wants to buy it.We both appoint lawyers to act for us at a fixed price, usually a small percentage of the purchase price. Joe makes an offer which I accept, at which stage there is a contract between us. There then follows a series of bargaining about repairs, damp, state of the roof, etc etc. When this has been completed the "missives" are complete, this is the a legally binding contract on me to sell the property and the purchaser to pay the agreed price, on the date of completion. On completion day Joe's lawyer transfers to mine the purchase price, and in return the keys to the property are given to Joe. That in essence is it.

Any retention of monies would need to have been negotiated prior to completion of the missives, it wouldn't happen automatically. If as in the OP's case the boiler, or any other services are faulty, then a notification to the sellers lawyer within the first week is all that is necessary and is done by the lawyers as part of their fixed fee arrangement. Rectification can be done by the purchaser instructing a heating engineer and passing the invoice to the seller for payment, or by the seller instructing the heating engineer and paying direct, although the first is usually more practical.

So there you are Tony, now you know.

By the way your also wrong about solicitors, my wife who was one worked a lot harder than you give the profession credit for.

Regards
Martin