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Property/DIY

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Seller lied about boiler do we have recourse?

65 replies

Shwish · 25/01/2025 12:50

Moved into our new house 2 weeks ago and woke up this morning to a flooded kitchen. Boiler had burst. Called an engineer who pointed out it's about 20 years old and not worth fixing we'd be better to replace. Thing is - we asked boiler age before exchange and were told 7 years.
We were also provided with a "service record" which the engineer has shown us is for a different boiler!
Anything we can do or is it just hard luck?
Thanks

OP posts:
Doris86 · 25/01/2025 17:18

Bluelagoondrmr · 25/01/2025 13:37

https://www.amicuslaw.co.uk/caveat-emptor-buyer-beware/ not saying this is fact but seems like it is probably going to be the case.

Caveat Emptor doesn’t apply if there has been misrepresentation.

Same with private car sales. People always think that is caveat emptor. In fact if you said something like ‘reliable car’ in the advert, and it broke down the next week, it is arguably not reliable and therefore misrepresented.

Whyherewego · 25/01/2025 17:27

housethatbuiltme · 25/01/2025 17:17

But you are suppose to book surveys to check these things, all homebuyer surveys well state you need a second gas safety survey as they don't do that and its a specialist requirement (same for electrics).

You can have professionals booked to access to the house for these purposes (surveys, safety checks, engineer reports, valuations, builder checks/quotes) throughout the buying process.

The argument of I didn't check because I don't own the house yet would hold zero water.

Maybe but the particulars of sale are to be relied upon for a range of things and sellers that are dishonest can expect recourse

Doris86 · 25/01/2025 17:39

housethatbuiltme · 25/01/2025 17:17

But you are suppose to book surveys to check these things, all homebuyer surveys well state you need a second gas safety survey as they don't do that and its a specialist requirement (same for electrics).

You can have professionals booked to access to the house for these purposes (surveys, safety checks, engineer reports, valuations, builder checks/quotes) throughout the buying process.

The argument of I didn't check because I don't own the house yet would hold zero water.

It absolutely would hold water, if you have relied on a statement from the seller that can be categorically shown to be false.

Papricat · 25/01/2025 18:28

A new boiler costs 1k and must be changed every 5-10 years. Depreciated value after 7 is nil. Home insurance should cover repairs from the leak.

johnd2 · 25/01/2025 19:48

Loads and loads of misinformation on this thread (and some good advice too)
I'd recommend posting on legal matters section rather than here.
Fwiw, if the sellers declared that it was 7 years old and you relied on that information and suffered a loss, then that's their liability. Whether they lied or not. They could pass the cost on to their vendors if they were also misled.
A loss could be that you would have negotiated a reduction in the house price, or walked away.
I'd they didn't make any declaration but happened to send the wrong document, then it would be more likely on your solicitor, but you would be best getting independent legal advice on that one or looking into any legal cover you have available.

Porcuporpoise · 25/01/2025 19:54

Papricat · 25/01/2025 18:28

A new boiler costs 1k and must be changed every 5-10 years. Depreciated value after 7 is nil. Home insurance should cover repairs from the leak.

Edited

I paid 4k for a new boiler last year. It's expected to last 20 years.

MaggieFS · 25/01/2025 20:08

I'm also one who normally thinks you wouldn't get far with problems relating to a house purchase, but this feels so tangible and blatant that it's worth a solicitor's letter and all claims court try.

Icanttakethisanymore · 25/01/2025 20:15

Doris86 · 25/01/2025 17:18

Caveat Emptor doesn’t apply if there has been misrepresentation.

Same with private car sales. People always think that is caveat emptor. In fact if you said something like ‘reliable car’ in the advert, and it broke down the next week, it is arguably not reliable and therefore misrepresented.

Came to say this! You can’t lie or misrepresent stuff.

if take them to small claims court OP.

Icanttakethisanymore · 25/01/2025 20:15

Papricat · 25/01/2025 18:28

A new boiler costs 1k and must be changed every 5-10 years. Depreciated value after 7 is nil. Home insurance should cover repairs from the leak.

Edited

£1k for a new boiler? Where do you live?

Guttedandblue · 25/01/2025 20:16

Are you sure you can trust the plumber who said the boiler needs replacing? If not, then get a second opinion as some plumbers condemn perfectly fine boilers that could be repaired so they get more work

Did your survey flag up that the boiler was that old and say it would need replacing soon?

Just because a boiler is 20 years old doesn’t mean it necessarily needs replacing

OhTheSilence · 25/01/2025 20:23

It's quite easy to check a boiler installation date online. When a new boiler is installed a Building Regulations Compliance Certificate is lodged with the Gas Safe Register. The date of installation can be searched on their website just by looking up the address.

TheSilentSister · 25/01/2025 21:06

The onus is on you or the person who did the home survey if they specifically mentioned the boiler.
If the previous owners haven't lived there that long (20yrs) they might have innocently thought the boiler was 7 yrs old from what they were told.
Also, don't be tricked into a new boiler. My previous one was 20+ yrs old but still repairable. But saying that, if you're staying put for a good few yrs, a new boiler is a good investment and peace of mind.

Shwish · 26/01/2025 08:19

Wow. That is the actual boiler we're getting for £4k. We got quotes from 4 different places and they all gave almost exactly the same price. I guess most of that must be installation then. I'm clearly in the wrong job!

OP posts:
GasPanic · 26/01/2025 12:33

To be sold a house with a crap boiler is a kind of rite of passage. Tons of people keep their boilers on the absolute last legs. Then when someone new moves in and changes how they operate it all goes wrong. Hence these days people are becoming a lot more careful in checking out the state of boilers before they purchase.

You mention you have been in the house 2 weeks. Did the boiler work before it failed ? Because if that is the case it would be hard to prove the previous owners knew anything about the failure or the fact it was going to fail.

Questionable certificates though and not being honest about the age, if you can actually prove that my guess is that your solicitor can use that as leverage in a negotiation on a contribution to costs.

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