Seller's responsibilities for dodgy central heating?

[u04elw2]

Hi guys,

I just bought a flat a few weeks ago. As advised I got a plumber in to check the central heating. In the list of things I got back he found:

1. Cold Water Storage Tank is corroded and needs to be replaced.

2. A Gas leak was found at the Cooker - The Appliance had to be disconnected.

3. The Central Heating System works, but there is a Gasket missing on the Flue Connection between the Fire and Back Boiler. The Boiler is in excess of 30 years of age and no Spares are available.

So I emailed the solicitor under advice from the plumber that the seller is liable for making the system safe and in working order.

I got back an email from the solicitor saying as the system is "working" then there is no obligation for the seller to pay anything.

However, by working, the plumber means that it turns on and heats the water, but due to the missing gasket it has nowhere for the CO to go, and so it is pumped back into the room. In other words, it works but it also gases you at the same time.

Does anyone know where I stand with this?? The boiler can't be repaired due to no parts available because of its age. But according to the solicitor, the seller is only liable for repairs, not replacements.

I'm confused D:

 

[seco services]

But according to the solicitor, the seller is only liable for repairs, not replacements.

Wouldn't want it all redecorated by him aswell would you ?

 

[misterdubya]

I just bought a flat a few weeks ago. As advised I got a plumber in to check the central heating.

It might have been a better idea to have brought him / her in before you agreed on the sale. How on earth a solicitor is expected to know the intricate workings of a back boiler or cooker is beyond me.

The solicitor (at a guess), turned it on, it got hot - end of story.

No use crying over spilt milk.

Mr. W.

 

[namsag]

What back boiler is it as very few had a gasket between the fire and boiler.
Gloworms had a rope gasket seal which is still avialable in generic form .Only one i can think of that had a specicial gasket was the torn housewarmer range.

But as has been said already check should have been done before the sale
i done one last week and buyer got 3k off of price because of heating being in a dangerous condition.

As for gas leak the previous owner may not have noticed this as small leaks become part of the general smell of a house and owners dont notice them ,its only when visitors come in they mention it.

 

[Richard C]

"Caveat emptor" my friend; unless he's actually lied on the sellers questionnaire (even that could mean long & drawn out litigation) you lost your opportunity to negotiate either suitable repair or replacement by not having the survey done before you bought it. The moment you handed over the cash, you bought the problem!

 

[u04elw2]

Wouldn't want it all redecorated by him aswell would you ?

No, but as I have previously said, the plumber is unable to get replacement parts. Therefore the only solution is a replacement. Which at £3000 I'd rather not have to pay for entirely by myself, what with the system being faulty before I bought the place.

I'm not sure about English law but in Scotland the buyer has 5 days after purchasing the property to get the system checked out and to initiate a claim for the cost of repairs. So I hardly think I'm being unreasonable. I'm doing exactly as I was advised to do. And by the way this is the first flat I've bought so I'm not exactly an expert on all this, hence asking for help

Apparently it's a Radiation Ascot - I could have written this down wrong but that's what it sounded like on the phone!

"Caveat emptor" my friend; unless he's actually lied

See above comment re 5 days to get system checked. It was stated on my survey "the buyer is advised to get central heating checked by a registered plumber within 5 days of purchase in order that a claim may be raised for the cost of repairs"

 

[Agile]

The seller only has some liability if he misrepresented anything relating to the sale. He has a duty to disclose if anything is "not working". If the rads and water gets hot then they "are working".

The whole situation is that of "buyer beware" which is why a prospective purchasor needs to carefully inspect the property and as required get professional surveys. Based on the results of those inspections ( even if not actually done! ) the buyer is deemed to be purchasing with full knowledge of the condition of the property.

Now its up to you to do whatever replacements or repairs you choose.

Tony Glazier

 

[u04elw2]

It said on the survey "the central heating system was not checked but is believed to be very old and therefore the buyer is advised to get it checked within 5 days..." yadda yadda...

So it was pretty non descript really.

I have been advised by several people that I know that the seller has to sell the system in "safe working order" which mine is not. But I don't really know. I'm just going by what my solicitor initially told me and I'm doing what I was advised. I can't turn on my heating or hot water without being killed int he process. If that's constitutes "working" then fine.

 

[namsag]

Radiation 401/501 circa 1971.
Round flue spigot on back of fire goes into cast iron plate on boiler 90% certain gasket if it had one is just a rope fibre seal which is still available as generic rope seal

 

[u04elw2]

If that's the case, great. But the plumber really didn't sound very hopeful of finding a part? Try another plumber?

 

[Agile]

It can be very time consuming to chase up spare parts to repair old appliances.

It sounds to me as if the plumber had a vested interest in doing a £3000 replacement installation rather than a cheap repair. At that age it is certainly due for replacement.

I have looked at a Scotish law site but there seems to be no comment on any 5 day period relating to property. I can only conclude that it is either not relevant or rarely used.

http://www.scottishlaw.org.uk/lawscotland/index.html

Tony

 

[u04elw2]

http://www.caesar-howie.co.uk/buy-a-home/guides-faqs/buying-a-house-in-scotland.php

There's a bit at the bottom about it. It's usually if the survey meant the system couldn't be checked at the time of inspection. I'm guessing if it had been checked they would just have knocked a bit off the price and written "central heating broken" in the report? Not too sure. But most people I know who've bought a flat in Scotland have followed the 5 day rule, and also managed to get money towards repairs

 

[namsag]

http://www.stovespares.co.uk/stove-spares-sundries.html.

This is the thing required plumbcentre etc can usually get it comes in various thickness.

 

[u04elw2]

Cool, thanks. Will speak to plumbers about it if and when I get hold of them. They're yet to give me a written quote etc and I really need it asap. Nightmare to get hold of

 

[namsag]

Hope you get some money off under the 5 day rule as the boiler is ancient and does need replacing but at least it should be able to be repaired so your not spending out at what is an expensive time.

Not your week with the Gers humping yous the other night