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Builders contract with previous house owners?

3 replies

madrush · 28/10/2010 17:46

Hello lovely mumsnetters,
I'm having a very irksome time dealing with problems with building work in our new house. It was newly done when we bought and we have copies of paperwork etc. Builder is saying the contract is with the previous owners and so he won't resolve the problems with us. Does anyone know what the legal position is on this?

One of the pieces of paperwork is a guarantee mentioning the windows manufacture but on builder's headed paper - he claims this is just to guarantee window seals etc not his work.
Is it worth our while going to small claims or not does anyone know?
Have left message with Citizen's advice but bet mumsnet's quicker!

OP posts:
LucindaCarlisle · 28/10/2010 18:01

Does it give the name of a Builders trade Association on his bills?

Send him a solicitors letter referring to the guarantee on the work.

madrush · 28/10/2010 18:07

Lucinda, it's a conservatory and mentioned FENSA, but the problem we have is with the brick parts.

It's kind of not worth the solicitors cost because I'm sure he'll just shut down the company and reopen under a different name even if we made a claim, but I'd like to know whether we CAN.

Maybe I should get a solicitor...

OP posts:
MrsTeddy · 30/10/2010 21:02

You need to check the original contract to see whether it passed to you (was assigned) when you bought the house. Your solicitor should have reviewed it as part of your purchase and advised you - if they didn't get on to them now and ask them to check. Alternatively there may be warranties which the builder gave in relation to the works which should have passed to you. Again, something to ask the solicitor who handled your purchase.

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