Sold property - Boiler need replacing - legal advice please
Discussion
Looking for some advice please.
Sold our property and completed last Friday 21st. Had a letter today from the buyer's solicitors saying that they had had a call from their client saying that the boiler has several leaks and and engineer has advised that a new boiler is needed at a cost of £1500.
When we left the property on 20th November, the boiler was working fine - no evidence of leaks anywhere and it had been serviced within the last year. In the property information form we filled we stated the boiler was in "good working order" which we assumed it was as had no probs with it.
I also want to point out that this buyer asked us to reduce our price on the day of exchange, which we ended knocking £1000 off the price. The buyer nor the estate agent told noone so we exchanged at the normal price. I am wondering if the buyer is trying to somehow get some money back.
I have responded to the letter saying that we were unaware of any problems and we had hot water/heating when we left the property but want to see a full engineers report on the problem.
Any sensible advice welcome please!
Sold our property and completed last Friday 21st. Had a letter today from the buyer's solicitors saying that they had had a call from their client saying that the boiler has several leaks and and engineer has advised that a new boiler is needed at a cost of £1500.
When we left the property on 20th November, the boiler was working fine - no evidence of leaks anywhere and it had been serviced within the last year. In the property information form we filled we stated the boiler was in "good working order" which we assumed it was as had no probs with it.
I also want to point out that this buyer asked us to reduce our price on the day of exchange, which we ended knocking £1000 off the price. The buyer nor the estate agent told noone so we exchanged at the normal price. I am wondering if the buyer is trying to somehow get some money back.
I have responded to the letter saying that we were unaware of any problems and we had hot water/heating when we left the property but want to see a full engineers report on the problem.
Any sensible advice welcome please!
Edited by cslgirl on Friday 28th November 09:37
Why should you be responsible for fixing what is now their boiler?I wouldn't have thought they have a leg to stand on. Taking the Michael, tell them to go away!
When buying an old house you will notice problems when you move in. They should have foundany problems before they purchased, paid for a proper full survey, and negotiated before hand, not asked for a refund later..
When buying an old house you will notice problems when you move in. They should have foundany problems before they purchased, paid for a proper full survey, and negotiated before hand, not asked for a refund later..
Tell them tough sxxt!
If it broke down the day after they tok the house over, it is their responsibility not yours. No different than the roof caving in, or house being flooded or anything else.
If they have house incurance they may be able to claim for consequential accident damage. I would be very surprised if they have had any proper report on it by now, and if they did chose to have it surveyed, and if they were worried about it, they should have had it surveyed the day before they exchanged, not the day after.
As for the issue of the £1000 reduction, that is a seperate issue. If you agreed the price redcution, really you should be honouring that, IMO, despite their having been a miscommunication, if you did agree it, you need to pay it back over to them.
The problem will be if they stitch you up with a boiler thing, THEN they try to reclaim the £1000 you will lose out twice.
I would personally tell them to stuff it on the boiler, tough doo dee, but do the right thing and refund them the £1000 you agreed.
If it broke down the day after they tok the house over, it is their responsibility not yours. No different than the roof caving in, or house being flooded or anything else.
If they have house incurance they may be able to claim for consequential accident damage. I would be very surprised if they have had any proper report on it by now, and if they did chose to have it surveyed, and if they were worried about it, they should have had it surveyed the day before they exchanged, not the day after.
As for the issue of the £1000 reduction, that is a seperate issue. If you agreed the price redcution, really you should be honouring that, IMO, despite their having been a miscommunication, if you did agree it, you need to pay it back over to them.
The problem will be if they stitch you up with a boiler thing, THEN they try to reclaim the £1000 you will lose out twice.
I would personally tell them to stuff it on the boiler, tough doo dee, but do the right thing and refund them the £1000 you agreed.
Edited by s3fella on Friday 28th November 09:43
s3fella said:
I would personally tell them to stuff it on the boiler, tough doo dee, but do the right thing and refund them the £1000 you agreed.
I wouldn't. Any agreement to reduce the price was effectively under duress. If they fail to follow that up then tough. Remember they agreed a price initially so they don't have any moral high ground IMO.s3fella said:
Tell them tough sxxt!
If it broke down the day after they tok the house over, it is their responsibility not yours. No different than the roof caving in, or house being flooded or anything else.
If they have house incurance they may be able to claim for consequential accident damage. I would be very surprised if they have had any proper report on it by now, and if they did chose to have it surveyed, and if they were worried about it, they should have had it surveyed the day before they exchanged, not the day after.
As for the issue of the £1000 reduction, that is a seperate issue. If you agreed the price redcution, really you should be honouring that, IMO, despite their having been a miscommunication, if you did agree it, you need to pay it back over to them.
The problem will be if they stitch you up with a boiler thing, THEN they try to reclaim the £1000 you will lose out twice.
I would personally tell them to stuff it on the boiler, tough doo dee, but do the right thing and refund them the £1000 you agreed.
You're having a total giraffe surely? The cheeky fIf it broke down the day after they tok the house over, it is their responsibility not yours. No different than the roof caving in, or house being flooded or anything else.
If they have house incurance they may be able to claim for consequential accident damage. I would be very surprised if they have had any proper report on it by now, and if they did chose to have it surveyed, and if they were worried about it, they should have had it surveyed the day before they exchanged, not the day after.
As for the issue of the £1000 reduction, that is a seperate issue. If you agreed the price redcution, really you should be honouring that, IMO, despite their having been a miscommunication, if you did agree it, you need to pay it back over to them.
The problem will be if they stitch you up with a boiler thing, THEN they try to reclaim the £1000 you will lose out twice.
I would personally tell them to stuff it on the boiler, tough doo dee, but do the right thing and refund them the £1000 you agreed.
Edited by s3fella on Friday 28th November 09:43
kers dropped it by a grand on the day of exchange?! wkers! This is karma coming to get them imo.Jimboka said:
I wouldn't have thought they have a leg to stand on. Taking the Michael, tell them to go away!
When buying an old house you will notice problems when you move in. They should have foundany problems before they purchased, paid for a proper full survey, and negotiated before hand, not asked for a refund later..
I agree - if they have any recourse at all it will be with their surveyor (depending on the scope of his brief). My brother had this in relation to a set of iron stpes to the rear of his property which, following exchange and completion and close inspection turned out ot be dangerously rusty and requiring replacement. The surveyor had missed this in their 'comprehensive' report and contributed towards the replacement. When buying an old house you will notice problems when you move in. They should have foundany problems before they purchased, paid for a proper full survey, and negotiated before hand, not asked for a refund later..
I've also been haggled close to the day of exchange and, regardless of anything else, it leaves a very bad taste....
Agreed. Tell them to do one.
The survey doesn't include all the things such as gas, electric etc. it just involves some bloke looking round, staring at the roof, making copious notes and then you get the report which says a load of mumbo jumbo with some disclaimer. ie the boiler was THERE but please satisfy yourself by way of independent testing from a qualified spark/Corgi gas man etc as to its condition ... etc etc
The fusebox was THERE but please satisfy yourself by way of indepen...
And don't give 'em the grand either either. There's a credit crunch on don't you know!
The survey doesn't include all the things such as gas, electric etc. it just involves some bloke looking round, staring at the roof, making copious notes and then you get the report which says a load of mumbo jumbo with some disclaimer. ie the boiler was THERE but please satisfy yourself by way of independent testing from a qualified spark/Corgi gas man etc as to its condition ... etc etc
The fusebox was THERE but please satisfy yourself by way of indepen...
And don't give 'em the grand either either. There's a credit crunch on don't you know!
Thanks for the advice. I have calmed down now ! I have told them that it was in good working order when we left (we have a young baby so there is no way we could have got away with no heating!). Have also said for her to take it up with her surveryor. She paid extra to have separate survey as well. The property was a new build - finished in December 2002 so its not that old either.
Have had similar in the past, they are just trying their luck and it's worth a letter just in case you cave in... in a further correspondence however, I would get your solicitor to reply however, just in case you slip up with wording or something and somehow leave yourself open/liable (slim chance I know but still worth it for peace of mind), his letter will be concise and to the letter of the law saying no more than he knows he needs to. As for the £1000 gazunder, fk em, it's a despicable act and if they screwed up on the implantation of said morally dubious manoeuvre then more fool them.
k em, it's a despicable act and if they screwed up on the implantation of said morally dubious manoeuvre then more fool them. But if the Seller Agrees it prior to the sale, then it is all legit not just legally but morally!?
How do you know seller did not knock some off the price he was buying at........?
Whatever the reasons for the price reduction, (which may have been genuine and reaosnable, after all the seller agreed them!), the fact is the seller and buyer agreed a new price, a £1000 deduction, and that should be the sale price IMO. To say a gazunder is "despicable" and go fxxk emselves, is what you say IF you feel that way, at the time they ask you for the price reduction! But if you agree, and again, maybe there was a reason for the agreement, maybe some tiles fell of the roof or something, then it is only fair you honour that agreement.
IMO to welch on deal is far more despicable than the buyer asking for a reduction before the deal is done, not after. Hence why the boiler thing is more despicable than the gazunder.
What if you go to buy a new car, agree a price with the dealer, but dont sign up that day, come in next day to sign up and pay deposit, and price has fallen on the forecourt, you would expect to be able to get the dealer to agree a new lower price, not the price you agreed yesterday? If he did, knocekd a bit off, then debitted your credit card by the full ammount agreed the day before, how many on here would say to the dealer, tough, it was never recorded, tell the buyer to go whistle.
Its rubbish, if the buyer and seller agreed a new price prior to exchange of contract, the point at which the contract is effectively made, and due to an error, the buyer is overcharged, the seller should make it right.
How do you know seller did not knock some off the price he was buying at........?
Whatever the reasons for the price reduction, (which may have been genuine and reaosnable, after all the seller agreed them!), the fact is the seller and buyer agreed a new price, a £1000 deduction, and that should be the sale price IMO. To say a gazunder is "despicable" and go fxxk emselves, is what you say IF you feel that way, at the time they ask you for the price reduction! But if you agree, and again, maybe there was a reason for the agreement, maybe some tiles fell of the roof or something, then it is only fair you honour that agreement.
IMO to welch on deal is far more despicable than the buyer asking for a reduction before the deal is done, not after. Hence why the boiler thing is more despicable than the gazunder.
What if you go to buy a new car, agree a price with the dealer, but dont sign up that day, come in next day to sign up and pay deposit, and price has fallen on the forecourt, you would expect to be able to get the dealer to agree a new lower price, not the price you agreed yesterday? If he did, knocekd a bit off, then debitted your credit card by the full ammount agreed the day before, how many on here would say to the dealer, tough, it was never recorded, tell the buyer to go whistle.
Its rubbish, if the buyer and seller agreed a new price prior to exchange of contract, the point at which the contract is effectively made, and due to an error, the buyer is overcharged, the seller should make it right.
Edited by s3fella on Friday 28th November 10:00
cslgirl said:
Thanks for the advice. I have calmed down now ! I have told them that it was in good working order when we left (we have a young baby so there is no way we could have got away with no heating!). Have also said for her to take it up with her surveryor. She paid extra to have separate survey as well. The property was a new build - finished in December 2002 so its not that old either.
Yeah. Trying it on. Even if they want to pursue you it'll through the small claims court and they'll have a tough job proving you knew there was a problem with the boiler and knowingly misled them in the report.Bin it.
s3fella said:
But if the Seller Agrees it prior to the sale, then it is all legit not just legally but morally!?
How do you know seller did not knock some off the price he was buying at........?
Whatever the reasons for the price reduction, (which may have been genuine and reaosnable, after all the seller agreed them!), the fact is the seller and buyer agreed a new price, a £1000 deduction, and that should be the sale price IMO.
If you buy a new car, agree a price with the dealer, but dont sign up that day, come in next day to sign up and pay deposit, and price has fallen on the forecourt, you would expect to be able to get the dealer to agree a new lower price, not the price you agreed yesterday? If he did, knocekd a bit off, then debitted your credit card by the full ammount agreed the day before, how many on here would say to the dealer, tough, it was never recorded, tell the buyer to go whistle.
Its rubbish, if the buyer and seller agreed a new price prior to exchange of contract, the point at which the contract is effectively made, and due to an error, the buyer is overcharged, the seller shoul make it right.
We agree to the £1000 verbally with the estate agent and thought that was that. When we exchanged, it was at the original price. It wasn't up to me to tell my buyer's solicitors. I believe it fell with the estate agents to notify all parties. They didn't. They probably had to take it off their fee's in the end. We didn't buy anywhere so didn't knock any one down. We are renting now.How do you know seller did not knock some off the price he was buying at........?
Whatever the reasons for the price reduction, (which may have been genuine and reaosnable, after all the seller agreed them!), the fact is the seller and buyer agreed a new price, a £1000 deduction, and that should be the sale price IMO.
If you buy a new car, agree a price with the dealer, but dont sign up that day, come in next day to sign up and pay deposit, and price has fallen on the forecourt, you would expect to be able to get the dealer to agree a new lower price, not the price you agreed yesterday? If he did, knocekd a bit off, then debitted your credit card by the full ammount agreed the day before, how many on here would say to the dealer, tough, it was never recorded, tell the buyer to go whistle.
Its rubbish, if the buyer and seller agreed a new price prior to exchange of contract, the point at which the contract is effectively made, and due to an error, the buyer is overcharged, the seller shoul make it right.
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