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Seller's estate agent being difficult about boiler repairs- advice needed

115 replies

QuintonMan · 03/08/2021 16:22

Afternoon everyone,

We are FTB expecting our first child in February and are currently in the process of purchasing the following house: www.rightmove.co.uk/properties/107992601#/?channel=RES_BUY.

When placing our initial offer, we negotiated down to £257,000 and then increased the final offer to £260,000 on the proviso that the likely faulty boiler would be replaced by the seller if found to be faulty (home buyers survey confirmed this).

From our POV we need essential services to be working ready for the baby in the new year and would struggle to replace the boiler and also undertake the necessary repairs/renovations.

The seller undertook electric and gas safety checks, replacing the electric consumer unit which was appreciated.

However, we are now in a position where the estate agent on behalf of the seller is challenging the request to service and replace the boiler. She is stating that because the boiler is '" gas safe" (but not serviced) this was the only requirement.

We would be open to paying for the service ourselves if necessary but are firm that the cost of replacement is met by the seller and that we have an agreement regarding the model used.

I'm conscious that we are now very close to exchange and this is the final hurdle. To go back to the market would likely cost us at least 10-20k more on the mortgage for similar quality of the house (due to price increases) and I would like to avoid this If possible.

Is possible, does anyone have advice on how best to proceed in this situation?

Thanks!

OP posts:
ChiefInspectorParker · 04/08/2021 08:30

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

Oliveandsage · 04/08/2021 08:34

If the boiler is safe, there isn’t an issue! They stopped making our boiler in 1985 - and we think it may have been the original put in when our property was built in the 60s. It’s not the most efficient but it is gas safe - and like previous posters have said, changing the boiler is an easy job which will only take a day with minimal disruption to your baby. I wouldn’t worry about it!

NoParticularPattern · 04/08/2021 08:35

Buy the house, get the boiler serviced when you move in by someone you know and trust and then see what they say. It may not need replacing (you said yourself it “might” do rather than does). There’s no sense in a) losing a house over a boiler b) letting the vendor choose their uncle’s grandma’s goldfish’s dog walker to do the work and ending up none the wiser AND with a poorly functioning/fitted boiler and c) replacing something just for the sake of it.

Now if it was the middle of winter abs you had newborn preemie twins with no functioning boiler I might be somewhat sympathetic, but that’s not your situation. The boiler works and has an up to date safety check on it. Buy the house, sort the boiler out when you move in.

PotteringAlong · 04/08/2021 08:37

If I was the vendor and you carry on this route I would tell you to jog on, relist for the original price and probably sell very quickly for more money.

If you want to live in this house stop being silly about a non-issue.

BarkingUpTheWrongRoseBush · 04/08/2021 08:42

I’d be relisting if I was the seller. You aren’t being reasonable.

If you insist on this then meet them halfway on the cost and install your own boiler. You’ll know then it’s a good one and also that it’s in the right place.

BridgeOfLies · 04/08/2021 08:55

I'm afraid if I was your vendor and you carried on with this malarky, the house would be going straight back on the market. The boiler is safe. That's as much as you can hope for, there's no reason why they should go to the trouble of putting a new boiler in just because you want them to.

Your baby isn't due for 6 months, fitting a boiler will probably take a day, and you may well not even need to fit a new one. This all seems a fuss about nothing. Plus it's really bad form to identify the vendors by linking to their house.

Jasmine11 · 04/08/2021 08:58

[quote QuintonMan]@LaurieSchafferIsAllBitterNow This was the estate agent yes and not the solicitor.

I am coming to the conclusion it will be likely we'll end up paying for this ourselves.

It does seem to me, more moral to have a boiler serviced before putting a property up for sale to avoid situations like this!

@PragmaticWench Struggle financially for the large outlay which could be several thousand upfront. (we have relatively high income for our area and age but low amounts of savings once deposit and purchase costs are taken into account).

I believe some of the issue comes from our parents who have advised not to proceed unless the seller will meet the requirement as they feel uncomfortable at us moving into a house with poor/no heating.[/quote]
We had our boiler replaced by British Gas a couple of years ago on a 2 year interest free repayment plan. Also guaranteed for 5 years so no massive payment needed.

SpindleWhorl · 04/08/2021 09:00

To be fair to the OP, his opening five words were, Afternoon everyone, We are FTB

So yes it's obvious they are FTB because he said so - it's not really taking any great powers of deduction.

BlithePilgrim · 04/08/2021 09:06

@SpindleWhorl

To be fair to the OP, his opening five words were, Afternoon everyone, We are FTB

So yes it's obvious they are FTB because he said so - it's not really taking any great powers of deduction.

Yes, but the point people are making is that it wasn’t necessary to point it out— it was abundantly obvious from the post.
SpindleWhorl · 04/08/2021 09:11

Well it would be, wouldn't it?

RainingYetAgain · 04/08/2021 09:13

Your parents are giving you duff advice! Did the survey say the boiler was unsafe or would need replacing?
If the boiler has a recent gas safe cert then its OK.
20+ years ago a buyer tried to reduce an offer because the boiler would need replacing "soon". We remarketed and sold our house for another £7K. That was on a 95K house. ( The original would be buyer came back and tried to purchase at a higher than asking price but we told them to jog on).
You can replace the boiler yourselves with a decent one by a contractor of your choice well before your baby is due if its needed.
In their shoes I would pull out and remarket.

Blossomtoes · 04/08/2021 09:13

@SpindleWhorl

Well it would be, wouldn't it?
Isn’t it a bit early for an argument? What do you think about the boiler?
friskybivalves · 04/08/2021 09:15

I agree with pretty much everyone else. There's no need to carry on mithering the seller about the boiler. It is far better if & when it needs to be replaced to have the work done yourself. Some plumbers get better deals on boilers because they only work with a particular company - eg WB or Vaillant - and will quote you a better price (and may even knock off a bit for cash). Some companies insist you have a power flush done for your warranty to be valid. You need to know all that is in place.

Get the house across the line that presumably you are otherwise super happy with and then count down to the baby.

MarieG10 · 04/08/2021 09:24

@dementedpixie "My boiler is over 20 years old and still works even if its not very efficient! We are finally getting it replaced"

We were the same...held off and got replaced. Now saving us £400 a year as more efficient plus the British Gas service plan at £300 which has turned out to be useless as they can't get out to you. Saving PA is now £640 taking account of £60 pa for a boiler service.

Wish I'd done it years ago!

Thisisanartattack · 04/08/2021 09:45

Why is the boiler likely to be faulty? The homebuyers report always lists the boiler and electrics as a red. It isn’t because they are faulty it’s because they’re not qualified to comment on them. There is also a world of difference between a boiler needing a repair and needing a replacement. Nothing you have said indicates that the boiler needs either.

GU24Mum · 04/08/2021 10:00

The problem is that your offer wasn't clear. You should have said:

It's £257 as is or £260 with a replacement new boiler of X model installed by A, B or C and with the necessary certificates.

I think that's more or less what you think you've said. What the buyer has heard (and what you actually said) was "if it's proved to be dangerous/faulty, it needs to be replaced at the seller's cost". It hasn't been proved............. so they haven't replaced it

So, depends what you think your negotiating position is. At the moment, probably not as good as the seller's........... you can hardball it and risk it, drop the point and move ahead or say you'll split the difference with them.

The agent will always say no initially as he/she acts for the seller. That doesn't mean the seller won't agree something - but equally it doesn't mean the seller won't just relist it. That's a riskier call for the seller than it would have been earlier this year when the market was boiling but they might still do it.

Very much the side issue is that if it's left to you to sort out, it's not a huge issue either financially or in terms of timings.

Comefromaway · 04/08/2021 10:30

Having the boiler services won't really guarantee that it is in pristine working condition. Our engineers regularly service old boilers and they might change/clean a few minor parts and they might say to the customer, you probably need to look at replacing this in a couple of years as it's on its way out.

You can carry out Gas Safe testing without carrying out a full service and this is what some Landlord's/vendors do.

Comefromaway · 04/08/2021 10:33

You have to think of Gas Safe certs in the same way as an MOT. It's a snapshot in time that on that day the boiler was safe and in working order. In 6 months time something might break down.

KihoBebiluPute · 04/08/2021 10:52

Given that (a) you are currently renting and (b) it would cost you at least £10k to walk away, by far the cheapest option would be to go ahead with the sale, but don't plan to move in till a week after the date of purchase - it will only cost you a few hundred pounds to pay rent for a few days as well as your mortgage.

Book a gas engineer to meet you at the property on the day you take possession, to do a full performance and safety check and assess the likely working life of the boiler. Arrange in advance that if the boiler needs replacing then the engineer will do do within the next few days, before your intended moving date.

Boilers can be in one of the following states: (a) brand new/under guarantee; (b) older than the guarantee period but regularly serviced and probably reliable; (c) getting towards the end of its life but currently working and safe enough; (d) unsafe and condemned. It sounds to me like the boiler is in state (c) but it isn't reasonable for you to be trying to negotiate with the vendors to change this. If an engineer looks at it the most probable outcome is that they will declare it safe and functional enough for the time being but that it will need replacement some time in the next few years. What to do about that is a judgement call, and most property owners will deal with it by planning to have the work done in summer when there is less need for it. I don't think it's reasonable to get the vendors to do it. Tbh if they do that work they would be better off readvertising it and could well get a buyer at £275000 having made it so much more attractive with a brand new boiler.

BecauseMyRingBurnsSheila · 04/08/2021 11:09

I'm with you OP. If your extra £3k was dependent upon something the vendor is now refusing to do I would reduce back to the original offer.

If the vendor won't get it serviced in the middle of summer when there's plenty of gas safe engineers not running round fixed duff boilers in the middle of winter then I would proceed as if the boiler will need replacing.

Marmitemarinaded · 04/08/2021 13:00

@BecauseMyRingBurnsSheila

I'm with you OP. If your extra £3k was dependent upon something the vendor is now refusing to do I would reduce back to the original offer.

If the vendor won't get it serviced in the middle of summer when there's plenty of gas safe engineers not running round fixed duff boilers in the middle of winter then I would proceed as if the boiler will need replacing.

It was going to be replaced IF faulty

It has been deemed NOT faulty

DappledThings · 04/08/2021 13:38

Just another post to say I'm baffled by what you've said so far. You've said your survey confirmed the boiler was faulty but it has since been serviced and deemed safe. So what exactly did your survey suggest and why do you still there's a problem that needs addressing?

BlithePilgrim · 04/08/2021 15:07

@DappledThings

Just another post to say I'm baffled by what you've said so far. You've said your survey confirmed the boiler was faulty but it has since been serviced and deemed safe. So what exactly did your survey suggest and why do you still there's a problem that needs addressing?
I’d be very surprised if a survey said anything other than noting that the boiler was an older model and likely to be approaching the end of its life, unless it was visibly broken — surveyors are generalists. (If it’s ‘gas safe’, it has presumably been confirmed to be in working order as well as safe?)

If you actually want something to get antsy about, you could think about all the stuff a normal survey doesn’t detect, by its nature, because it’s non-invasive. Neither my sister ‘s surveyor and an excellent, experienced builder detected €30,000 of underpinning needed, but fortunately a specialist survey did.

MrsEko · 04/08/2021 15:13

@BecauseMyRingBurnsSheila

I'm with you OP. If your extra £3k was dependent upon something the vendor is now refusing to do I would reduce back to the original offer.

If the vendor won't get it serviced in the middle of summer when there's plenty of gas safe engineers not running round fixed duff boilers in the middle of winter then I would proceed as if the boiler will need replacing.

You would risk ten thousand pounds? I'm imagining you must be some sort of JR Ewing type oil billionaire.

Brownlongearedbat · 04/08/2021 18:42

Why is it that some ftb's are stuck in the rental mindset. If you own a house you are going to have to maintain it; no one else. From what's been said this is a standard survey get out... 'may need replacing' is just back covering on the surveyors part. Unless you want to lose money, just proceed as things are. No house is perfect - well, unless perhaps you are spending millions. I am willing to bet you will find other things far more important that need repairs in the next few years anyway.
If you were my purchasers I would more than likely have relisted the house now - especially in the current market where prices are rising so quickly.