Seller's responsibilities for dodgy central heating?

just re-read your posts and unless i missed something (it is friday) you mentioned the survey said to get it checked, not your contract which is why people were unclear on that.

A doubt a survey gives you any comback with a seller, even if it's in a homepack. I think they are only basic surveys and don't prevent you from conducting your own detailed survey.

if they refused to let you check it beforehand, I would assume they knew this would happen and didn't want to have to negotiate a price reduction. bad form to the point of being dishonest if you ask me. buyer beware can only be said if you've had a fair chance to fully check things out.

As you have it in your contract and the boiler is deemed unsafe, I would just tell your solictor to contact the sellers solicitors ASAP, it's what your paying them for!
 
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Some have implied that you will be entitled to a new system or boiler. There's no way that would happen, as you won't be able to buy a property with a 40 y.o. boiler, and end up with a new one. The seller won't have to pay to put you in a better position than if the old boiler was ok.

The most you will be able to claim is a repair, or small contribution to a new boiler.

You have spoken to the seller's solicitor, and he has done his job properly and rebuffed you. This is only expected, as he is paid by the seller to look after their interests. The $64,000 question is, what does YOUR solicitor have to say on the matter?
 
dear me this is carrying on a bit.

i just checked with someone, the 5 day thing is pretty much standard across the country. the only thing they were not sure about is whether it is legally binding and, if it is binding, whether or not it is worth pursuing if the seller kicks up a fuss. they say they have heard of cases of the seller just ignoring all calls for repairs to be made and have got away with it.

if the "plumber" has left no paperwork for an ID situation alarm bells should be ringing.

i still say the tank and boiler should be replaced or at the very least a substantial amount of money is paid in lieu of this.
 
i still say the tank and boiler should be replaced or at the very least a substantial amount of money is paid in lieu of this.

Why?

The OP bought a house knowing that the system was ancient, and this would have been reflected in the asking or sale price.

Why are they suddenly entitled to all new kit?
 
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From what i gather your seller refused to allow you to have an inspection of the heating system prior to purchase and that is why the 5 day rule allows for this in scotland.

You have paid for a flat with a working heating system. But as it now appears after inspection is not the case.

From all of that i would be expecting your solicitor to be getting some form of payment to either repair this current boiler or for a some towards a replacement system. ( but you won't get the full amount to replace but i would expect at least 30-50% of the cost)
 
I take it that the previous occupier(s) moved to the local cemetary via a morgue due to the severity of the BBU's condition - thus kicking out copius amounts of CO?

Mr. W.
 
i still say the tank and boiler should be replaced or at the very least a substantial amount of money is paid in lieu of this.

Why?

The OP bought a house knowing that the system was ancient, and this would have been reflected in the asking or sale price.

Why are they suddenly entitled to all new kit?

so "ancient" now means it is inherently faulty? no i think not.

i unfortunately see many ancient systems still working perfectly and safely albeit a pain in the arse to me as it takes longer to service or repair it.

you would have to be naive to think the seller will knock money off the price to reflect the age or condition of the system. most will just take the guide price from the solicitor, who knows nothing apart from average prices of the area, or make their own price depending on what they want from the sale.

the scottish system is there to protect the buyer from being dealt a beadle (see general discussion for that argument)

my source bought a house with a 19 year old system that was working but ID. the seller turned up two days later with a suitable renumeration.
 
I take it that the previous occupier(s) moved to the local cemetary via a morgue due to the severity of the BBU's condition - thus kicking out copius amounts of CO?

Mr. W.

i have been to houses with a fearsome amount of CO present in the property with no deaths or ill affects to the residents. CO is a killer but it depends on the circumstances.
 
Does anyone know where I stand with this??
Very easy. If you don't like the house, don' buy it.
If you like the house, but think it is too expensive, don't buy it.
If you like the house and think it is priced right, buy it and improve the things you want to improve.
You bought it, so you must think it was worth it.
What's your problem?
 
Does anyone know where I stand with this??
Very easy. If you don't like the house, don' buy it.
If you like the house, but think it is too expensive, don't buy it.
If you like the house and think it is priced right, buy it and improve the things you want to improve.
You bought it, so you must think it was worth it.
What's your problem?

have you bothered to read anything on this thread? :rolleyes:
 
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.

This seems odd.

That describes the HIPS procedure which was proposed by labour and the cancelled by the tories a couple of years ago in England. Wales and NI.

It sounds as if Scotland kept it!

Tony
 
Three pages on this post is like watching tennis.....

When one of my clients is about to buy a house, I tell them to get the gas appliances checked on day one when they get the keys.

Buyer should not expect to get a new heating system, but he should demand through his own solicitor that the boiler be operating as the makers intended. Seems his solicitor is looking for the easy way out. You have heating engineers and then you have those that think they are heating engineers- solicitors I assume will be running at different speeds too

Have been involved in above scenarios several times. If the seller is person of integrity and buyer a cad, and I have been asked to look at the system and repair is the possible, then that is what happens.

Equally if reverse is the case like when sellers ideal envoy had dog ends floating in pool of water in the heat exchanger, and boiler faied to work and seller failed to get it fixed, case ended in court and buyer got paid for the repair.

By the way, if we are going to watch more tennis, I can ask by solicitor daughter to be the umpire
 
When one of my clients is about to buy a house, I tell them to get the gas appliances checked on day one when they get the keys.

I advise mine to engage me to visit and check the heating installation BEFORE they sign the contract as I might be able to provide info which will justify them negotiating the price down by many times my small fee.
 
I'm kind of sick of repeating myself tbh.[/quote]

So stop then.

You should be asking why your RGI left the boiler on, if what you say is accurate. It should have been disconnected and labelled ID.

Anway, this is a PLUMBING forum, not a DIY LAWYERING forum
 

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