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House purchase and broken heating

18 replies

readsalotgirl63 · 01/09/2020 19:12

dd just bought a flat in Glasgow and moved in at the weekend to discover the heating is not working. We've informed our solicitor - am I correct in thinking the vendor has to get this repaired ?

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celtiethree · 01/09/2020 19:19

Your DD shd contact her solicitor to advise, the solicitor will contact the seller - I believe that as long as it’s reported within timescales stated in the contract then the seller has to fix.

readsalotgirl63 · 01/09/2020 19:43

Thanks celtie - that's what we thought so she has informed solicitor. Hopefully won't take too long to resolve.

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titsbumfannythelot · 01/09/2020 19:58

I thought there was 7 days to sort, hope she gets it fixed soon.

readsalotgirl63 · 01/09/2020 21:44

Yes we hope so too - and now not sure whether the new restrictions will impact. Dd is actually more worried now that a washing machine won't be delivered ! Oh yeah the washing machine was broken too Hmm

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user1487194234 · 02/09/2020 10:40

In terms of the standard clauses ,unless qualified by the seller at the missive stage, the purchaser has 5 working days to intimate that the central heating is not working
The seller normally has the right to get someone in to have a look at it

It only really covers the position if the system is not operational, ie not if eg the radiator in the back room is a bit cold
Doesn't cover any element of betterment etc

Not always straightforward ,if the seller says well it was working fine when we left the property then court action may be necessary

readsalotgirl63 · 02/09/2020 11:23

The hot water works but the heating controller is displaying an error code and we couldn't get the radiators to come on at all. Take your point about vendor saying it was working but as they clearly hadn't been in the place for weeks (at least) that might be tricky for them.
I've fortunately not been in this position before so am not sure how it works and am obviously anxious that dd has working heating.

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user1487194234 · 02/09/2020 11:54

That should be covered.
Some ,not all ,sellers can be difficult .
On the other hand sometimes its something really straightforward and the seller can tell you what to do to sort it
Your solicitor will keep you right

SockYarn · 03/09/2020 08:12

as they clearly hadn't been in the place for weeks (at least) that might be tricky for them.

Also as it's been warmer, the radiators may not have been on anyway, it's only in the last few days ours have started firing up. Hope she gets it fixed soon.

readsalotgirl63 · 03/09/2020 08:55

Thanks all - the boiler was switched off when we went in. We switched it on and the hot water worked but we couldn't get the heating to come on and the controller displayed the error code. We tried swapping the batteries in that but no joy.
Waiting to hear from solicitor.

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applesandpears33 · 04/09/2020 09:17

Hopefully they will be able to clear the error code and the heating will work. If you post in the property/diy section pigletjohn may be able to help you with the error code.

readsalotgirl63 · 04/09/2020 13:17

Thanks apples - that's a good idea. DH did do quite a bit of googling and seems to think the controller unit is knackered but the Property thread is worth a try.

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ALLIS0N · 05/09/2020 17:46

Any reasonable seller will get a heating engineer to come out and replace the controller - that will be very cheap compared to running up a legal bill.

Or you could ask one to come out and give you a quote to fix it and then pass that quote on to the seller.

user1487194234 · 05/09/2020 19:53

There might be a de minimis clause where the sellers are only liable for claims over £400

readsalotgirl63 · 06/09/2020 20:28

That's interesting - how would I find out if that's in the contract ?

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user1487194234 · 06/09/2020 20:39

If the purchase is subject to the Standard clauses ,which it probably is,then it's Clause 26 'limitation of claims'
Check with the solicitor
As PP said most decent people will get it fixed,but if the de minimis clause applies then you can't sue if they don't

ALLIS0N · 06/09/2020 21:05

@readsalotgirl63

That's interesting - how would I find out if that's in the contract ?
Didn’t your solicitor send it to you before you bought the house ?
readsalotgirl63 · 06/09/2020 21:49

The purchaser is my daughter so she has all the paperwork but I have some of the email chain.
Thanks again user - that's really helpful. I'll check that ( or get dd to)

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readsalotgirl63 · 06/09/2020 22:28

Have just checked the qualified acceptance which I have and some clauses were deleted but not clause 26. They did say no warranty was given regarding any appliances so I suppose that gets them off the hook in respect of the washing machine which was full of filthy waterShock

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