Vendor lied about house renovations and gas central heating

[Goolie1990]

Hi, we are downsizing to a 1950s property which was advertised as being fully renovated 2023, new kitchen, new bathroom and 'The property also boasts a new gas fired central heating system with combination boiler' (what it says in the estate agents write up).

Our solicitor sent us the paperwork for the house:
The boiler was installed 2015 (not new by any stretch of the imagination)
Bathroom installed 2008 (it is brand new)
Kitchen is new and it was the lounge originally.

Today we were told by the solicitor that it is not a new central heating system and sent us a service record dated one week ago from the vendor (obviously because we mentioned it)
He is not giving any guarantees or warranties for the new kitchen or appliances he's put in and not for the bathroom including the shower.

We haven't signed any contracts Any help would be appreciated.

I dont think there's anything you can do but decide, now that you know the true age if you want to keep your original offer, ask to reduce or walk away.

There's usually some kind of blurb on the estate agents details that buyers are to make their own investigations on the house before proceeding. This would get them out of anything being written incorrectly in the house details.

You don't have to buy any property that isn't right for you.

If you decide that you like a property but there is a lot that is wrong with it from your point of view you can offer a lower price, even a much lower price, to allow for the cost of getting it to the standard you require. The vendor is at liberty to reject your offer.

Either way, you may have to look elsewhere.

You have 2 choices…..but so does the vendor….depends how badly you want the property

Agents details come with a disclaimer in the small print.

You have discovered what you are buying, now is the time for decisions.

I don’t think warranties and guarantees usually transfer to a new owner? But it could be a red flag that they lied about the boiler. But now you have the fact’s , time to make decisions.

I’d be concerned that they did all the work themselves and therefore there are no guarantees. That doesn’t mean they’ve done a bad job but have you had a decent survey? Even that won’t uncover everything. If you’re feeling worried. I’d walk away.

This is why solicitors exist! You know now the true situation. Estate agent particulars are always a work of fiction and you can't rely on them.
So you have to make your own decisions... Is the price fair, did you make an offer based on the assumption it was all new and under warranty? If so you can reduce your offer accordingly.
Otherwise walk away and either way tell your solicitor to stop work on the file while you decide (in case you pull out and this minimise cost)

I would price up the amount it would cost to make it 'as advertised' (boiler, kitchen, heating system etc), the would reduce my offer by that plus a bit for inconvenience. Also check thoroughly for any other issues.

If they didn't accept, I'd walk.

Step back, waaay back.
The things you mentioned are just the ones that have been noticed. That house is probably full of a lot if other ‘issues’ that haven’t been declared (or they have lied about it).

Your solicitor has done his job. Now you know. And you can say ‘Nope, not happening!’ And find something more suitable.

Hi, thank you, yes we are arranging a survey and going to try everything before we decide.

Thank you, we are arranging a surveyor and want to go in and try everything out.
We are reducing our offer , so watch thus space.

The vendor didn't necessarily lie. The estate agent could have written anything. But you know now and can make a decision.

And I've not heard of warranties or guarantees for kitchens or bathrooms? yes maybe for boilers, windows and appliances. And surely you would have noticed on viewing that it wasn't newly renovated

A boiler from 2015 wouldn't bother me. Ours is still going strong and was "quite new" (which could have meant 5 years old or more) when we moved in, in 2006.

Thank you, everything looks new e.g kitchen, bathroom but we haven't tried the boiler or shower, cooker etc. We were drawn to it because it stated everything was new. We are worried we will lose the sale of our house if we have to pull out.

Firstly the vendor didn't lie, the estate agent did. Secondly, it is for the buyer to make their own investigations and decide on balance whether they want to proceed. Caveat emptor - let the buyer beware.

How do you know that? The vendor could well have told the EA this. It's the solicitor which discovered it wasn't. The EA says what they've been told

The boiler may well still be under warranty (which often does transfer) - we have a 10 year warranty on ours and if we sold the house, the buyer would get the benefit of it for the rest of the time as long as they had it regularly serviced.

When we replaced our old boiler it was nearly 30 years old. So 8 years seems relatively new to me!

It is reasonable to say that you made an offer in good faith on the basis of claims of various items being brand new which are in reality several years old and approaching the end of their expected life cycle. You appreciate that the estate agent particulars included a disclaimer (quote it) and now understanding the correct situation you feel an offer of £xxx,xxx is more in keeping with the condition of the property.

You have no obligation to proceed until contracts are signed. You decide for yourself where your red lines are beyond which you will walk away. The vendors do likewise and if there's no overlap between red line zones the sale does not proceed.

That would not put me off at all if I loved the house. You are happy with the finish and the boiler is not 20 years old like ours (which is completely fine) - I would be really happy if I brought a house and the boiler was only 8 years old! Good luck

Not sure I agree with comments about the boiler. We replaced a 23 year old oil boiler which was giving us problems a couple of years ago. The trouble is that combi boilers seem to have a shorter life than the older ones, and a "life " of 10 years is anticipated, so OP is correct to be concerned about the description of an 8 year old boiler as new. However that should have been obvious when you looked at it.
My DC both purchased houses last year, one has a 13 year old WB boiler and has had Worcester Bosch in this year to give it a once over as it developed an issue and its OK now, the other DC had to replace his newer boiler last winter. It was working when he moved in in April but when both heating and hot water were needed, it failed. The plumber who serviced it the previous winter didn't want to come out to see it as he had warned the previous owner that it was on its last legs. You can't tell from the age.
I would definately be getting a good survey, and possibly a gas/plumbing and electrical assessment , and then look at the price of the property in the light of the new information.

An 8 yo boiler with regular services is unlikely to be an issue. You could reject the appliances and replace yourself but again unlikely to be an issue short term.

I'd be really annoyed at being given the wrong information but unfortunately it happens all the time, the EA for my house told me the boiler was brand new but it was 10 years old. I think they just get mixed up sometimes rather than lie but it's best to take what they say with a pinch of salt. I've never heard of anyone asking for warranties for appliances, you'd be quite lucky to get the manual. In England houses are pretty much "sold as seen" and if you discover something you don't like then it's tough luck, in Scotland the rules are a bit different and seem to protect buyers a bit more