To negotiate on this? Help!!

[Springisnear4]

Buying a house. Nearly at stage of arranging exchange date. EA rings and says boiler has been serviced and needs to be replaced and this is happening Monday and seller wants me to pay 50% of the cost. On viewing property, EA said it was 10 years old and had been serviced every year, when searches came through it is 15 years old. I paid £4000 over asking price for this house. WWYD? Seller is including washing machine and fridge freezer in sale.

Say no. The sellers aren't going to collapse the deal at this stage for the sake of a boiler.
I would mention rather firmly that you've already paid over the asking price.

When we were close to exchange the seller asked that we take over the Higher Purchase arrangement on a relatively new carpet that they had fitted.

I snorted with derision when I got the call and declined.

Sale went through.

It's still their property so it's up to them to fix the problem or offer a lower price.

Be brave.

Haven't responded yet despite pressure from EA
Thanks everyone. My only fear would be the whole thing falling through at this point as I love this house and need to move out of where I am as its not suitable.

Why would you pay when the house is still hers? Imagine it falls through last minute. Will she pay you back? Like hell.

I wish in this process I could just speak directly to seller. I don't know if she knows that the EA told me boiler was only 10 years old, suspect she does not.

If I do pay some of it, it will be within the contract and not outside of it

Nope. And hold your nerve.

Either it's fixed and you want to see the receipts and guarantees, or it's not, in which case you'll look elsewhere. It is not your responsibility to make her home sale-worthy before YOU buy it. It's on her. And if she loses you, she'll be in the same boat with the next potential buyer and she knows it.

Agree with holding your nerve OP. Be firm about it. They’re trying it on. Make it clear exchange will only take place when you have evidence of a fully working boiler.

Putting the house back on the market this close to exchange over a few thousand quid (when they’ve already got over asking price) would be crazy and the estate agent should tell them that. They’ll want their commission asap too.

Stuff that, you've been lied to! I'd tell them as others said, you've paid over asking, you were told it was a decent boiler so you expect that under these circumstances ... I would hold fire personally

Cheeky mare ! . If she decides to pull out, she has to pay for the brand new boiler herself and might not end up in the fortunate position of someone willing to pay over the odds for the house.
I would also be asking for a second opinion on the sick boiler.

Say no.
You have ALL the cards in this situation.
If they were to pull out based on this:

• the seller has to go back to the drawing board and may not get as good an offer. Plus loss of time
• any new buyer will never agree to this upfront unless they are out of their mind - as they'd know about it from the start
• so they'll have to pay for the whole new boiler themselves

The EA is relying on pressuring you and you feeling worried about losing the sale/panicking They are acting for their client, as they should do, but it's really a stupid play on them and the seller's part as there's no way this works out where the seller doesn't have to pay for their own boiler, unless they get you to panic and act irrationally.

Say no. They are extremely cheeky to even ask. If the boiler broke a couple of weeks after completion, would you ask them to pay 50% of the replacement costs? They won't pull out at this stage especially when you are paying over asking price in a falling market, where completions have fallen hugely.

No way!
Not a chance

I would say no because you haven’t even exchanged yet, it’s their bad luck.

Obviously the risk is that they choose the cheapest boiler they can get away with as a replacement.

You agreed to purchase the house along with a working boiler. The boiler now needs replacing, this is their problem not yours. They will not pull out of the sale. Not only would they lose the money paid over their asking price but they would also still have to replace the boiler at a cost of their own.

No. You bought the house with a working boiler. Its since broke, its their issue to fix & pay for unfortunately

We don't know its broken.
The engineer might have suggested an upgrade. You need to see the inspection. Report or ask for another opinion but you're right, it's their boiler.

No. Although I would prefer to have money off the house price and install my own boiler. Otherwise they might try a cheap repair job or a cheap new boiler.

Well either way, they have chosen to replace it, their bill

This - and especially since you've paid over the asking price

They may even get someone to fit a secondhand, barely serviceable boiler (I've known it done) and you're much better off keeping some control over what gets fitted

Someone has suggested me to put a hand written note through the sellers door instead of keeping communicating with the EA who has now shown himself to be dishonest. If you have sold a house what would you think of this? I would say in the note, if she does not feel comfortable communicating directly with me then that's fine.

Don’t contact the seller. Just say that you are unable to increase your offer, and you expect a working boiler.

when we bought our last house there was an item that the seller refused to fix. I’m the end the estate agent paid to get it done - they wanted their commission without having to go back to the drawing board.

I really wouldn't try a DIY approach on this, @Springisnear4. Dishonesty from an EA is almost what I'd expect, but you've no reason to suppose the sellers are any better

Basically the EA just wants it sold to get their commission, so if they're clear that you won't be paying any more it's actually in their own interests to talk some sense into the owners

I'd contact the seller, being honest if you leave to them they'll put the crappiest boiler in and it'll cause you problems. If it was me I'd see if they can keep it going until you move in and you can then put a new one in that you choose, worth the money in the long term. Worth approaching them and just getting more info.

Shouldn’t this stuff be communicated via the solicitor if you’re nearing exchange? Why is the EA the pivotal contact?
Agree you shouldn’t pay, but, as a PP said, would consider a commensurate reduction in the asking price and you get a (good) boiler installed after completion.