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Property/DIY

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Boiler broken down between exchange and completion!

19 replies

Thiswayorthatway · 19/08/2018 21:05

Just what the title says, we exchanged 2 weeks ago and completion is next week. The estate agents for the sellers rang to say the bolier has broken down and that the sellers do not want to pay for a new one. Anything we can do?

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2moveornot2move · 19/08/2018 21:17

Is it completely broken or can it be repaired? If it can be repaired then you could try the manufacturer of the boiler. We did this, paid £405 upfront for it to be fixed plus 12 months cover for future repairs, including parts and labour.

If this isn't what you want to do, I would suggest talking with your lawyer. Can they prove it wasn't broken before exchange?

Thiswayorthatway · 19/08/2018 21:22

It's completely broken down and has been working since exchange.

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johnd2 · 19/08/2018 21:24

I think speak to your solicitor.
"Can they prove it wasn't broken before exchange?"
You don't want that, that would make it firmly your responsibility. As far as i know they have to deliver the property on the same condition as it was at exchange, so if it was broken then you don't have a leg to stand on.
You have to complete anyway, but you can discuss with the solicitors about holding a retention if they think it would be legally watertight.

winterisstillcoming · 19/08/2018 21:25

Fix it.

Thiswayorthatway · 19/08/2018 21:26

Who pays winterisstilcoming?

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Thiswayorthatway · 19/08/2018 21:28

John, I am nervous that if we piss off the sellers then they may trash the place a bit when they move out.

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Nix32 · 19/08/2018 21:34

I'm surprised they've mentioned it - we moved in to find a non-working boiler so had no choice but to replace it.

Thiswayorthatway · 19/08/2018 21:38

Me too Nix32, they will facilitate access for us to get a quote but somewhat understandably do not want to pay for a new boiler which they will only use for a few days.

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GrowThroughWhatYouGoThrough · 19/08/2018 21:39

Snap Nix32 our sellers had jammed a bit open with an Alan key so it worked we had to get a new one within 2weeks of moving in

Frankier88 · 19/08/2018 21:45

Same as above, just had to replace boiler less than 3 months after moving in Angry

johnd2 · 19/08/2018 21:45

Ah further to my previous post the risk is on the buyer after exchange so unfortunately the buyer is basically scuppered regardless
"5.1.1 The property is at the risk of the buyer from the date of the contract"
www.lawsociety.org.uk/support-services/documents/standard-conditions-of-sale-5th-edition/

LetMeBakeCake · 19/08/2018 21:49

It will be your responsibility unfortunately which is why you have to get buildings insurance from date of exchange as you’d still have to proceed even if the place burned to the ground

MovingThisYearHopefully · 19/08/2018 21:56

Get British Gas out to do a one-off payment fix. Costs about £200.

Thiswayorthatway · 20/08/2018 07:07

Broken boilers are not covered by buildings insurance (which we have). I thought buyers took that out after exchange in case the buyers' had lapsed. Surely if the building burnt down they are in breach of contract as not sold as seen?

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EmmaGrundyForPM · 20/08/2018 07:14

Not to do with boilers, but there was an article in The Guardian a couple of weeks ago about a house which flooded between exchange and completion resulting in £thousands of damage. Buyers hadn't taken out insurance because they didn't realise they were supposed to and off was deemed their responsibility because they had exchanged.
I would seek advice from your solicitor

allypally32 · 20/08/2018 07:17

There was a fire in the property we were buying in between exchange and completion. We were given the option to proceed or not. We went ahead with the purchase and the sellers had to pay for all the work that needed to be done as a result of the fire out of their insurance.

icansinga · 20/08/2018 07:29

Our boiler was condemned 2 weeks after moving in.
Previous owners had done some dodgy diy repairs which meant it wasn’t even repairable.
Cue paying £2500 straight after moving in. We were not happy but we would have had to prove that previous owners did the bodge job and had knowledge of the bodge job to claim in small claims court which would never have happened.

winterisstillcoming · 20/08/2018 17:06

You pay unfortunately OP. Its bad luck

loveka · 20/08/2018 20:16

I had a boiler break down 2 weeks after completion.

They had run the oil down to such an extent that the sludge blocked the boiler and it blew up when we turned it on for the first time. Nothing we could do, we had to pay 5k we really didn't have.

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