Boiler condemned do I have a claim against vendor?

[dilemma456]

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we were in a similar situation when we moved in here 2 years ago. Unless it was written down somewhere in the paperwork that the heating was in full working order I'm not sure there's much you can do about it Turns out the previous owners bodged loads of things but we've just had to grit our teeth and fix it. I think when we next move I will be taking an expert with me if I am really interested in a house so that he can look closely at things. Grrr.

Very unlikely but speak to your conveyancer to see what was put in writing. Its buyer beware I'm afraid. Do bear in mind though that it is possible it was working when they sold it (or filled in the forms) but that is has broken down since.

Check the property details (the EA's brocher) and the statements about the property (usually includes a long list of what is included in the sale) sent to your solicitor.

Unless those specifically state the central heating system is in full working order it doesn't look hopeful, I'm afraid.

brochure

also be aware that it could still be 'fully working' but be dangerous enough to be condemned by a heating engineer. They may not have known and have been merrily living there.

I would get someone else to look at the boiler, too. Do you man 'condemned' as in not safe to use until fixed, or as in 'they said it could not be made to work properley ever again and needs replacement'?

I have had several experiences of boiler engineers who condemn being followed up by another company who make a quick and reasonable repair. On the other hand our boiler was 'condemned' at the beginning of the winter - it was giving out fumes - they out the big label on it etc, then came back a few days later with a new part and made it safe and efficient again.

Telling you you need a new boiler when you simply need a repair is v common.

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agtree with ALurie Fariy cake - it may work , not necesarily safely . There may also have been a question about the maintenance of the boiler and any recent servicing - you may have a claim against the company who said it was ok if quite recent or could complain to the Gas Safe Register people who certify them.

The boiler was probably "working" in so far as it came on and went off and provided heat but that doesn't mean that it wasn't a timebomb waiting to go off so I don't think you will have any comeback against the vendor, sorry.

Its up to the buyer to organise suitable surveys.

Unless you buy a new build you aren't likely to get a perfect house.

Agree with Laurie "it could still be 'fully working' but be dangerous enough to be condemned by a heating engineer"

We have been told verbally that the boiler of the house we are buying had been serviced last year but when it came to actually signing to that effect they ticked that it has NEVER been serviced.

We had ours serviced in Aug 09 and had to provide paperwork to show that it was, same with the electrics.

We are replacing it anyway as it is a traditional boiler and we want the same as what we have here, ie a combi condensor. £5k for a worcester bosch to feed a 4 bed house with 3 reception rooms.

If the bailiffs have been round for your vendor you don't stand a very good chance of claiming any money back even if you can prove he lied. Chalk it up to experience and either have the boiler repaired or replaced at your own expense. Crapola, I know.

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Difficult as if there are bailiffs whats the point in pursueing? As you say, you are unlikely to get any money.

1. It could have been working when he wrote that though
2. you'll get chuff all money from him given the bailiffs

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We sold our house a few years ago. The boiler was very definitely working when we left and had been serviced annually under British Gas Service contact. Due to buyer messing around the sale took some time to go through and by the time she moved in, it wasn't working. She was very cross but it really was absolutely fine when we left.

Unlikely. I doubt the vendor was a CORGI plumber so he could very well argue in his opinion/knowledge it was in full working order. He could say it was fine when he signed that form and developed problems afterwards.