We moved into a new house last week and found we had no hot water. Called out a plumber who found that the boiler was faulty and was leaking carbon momoxide. He said we could have been dead within a week! However, our solicitor's questionnaire contained nothing about the boiler, so do we have any rights? Can we get any compensation or a contribution towards the cost of the new boiler we have had to buy (it cost £1800)? After buying our fisrt home, we have no money left at all and have had to put the cost of the boiler on a credit card.
2006-07-24 21:18:38 · 8 answers · asked by ruth t 1 in Politics & Government ➔ Law & Ethics
That is a really bad start to homeownership. There is no legal comback on the sellers. Most of the answers so far have commented on this.
I would question the plumber though. Why £1800 for a boiler? there are a wide range of boilers avaliable for around £400 and less than a days work to fit. Why was it leaking carbon monoxide? How long was it like that? The sellers must have used the system.
Unfortunately, what is possilbe, is that you have fallen foul of a 'scaremonger' plumber. First time buyers and all that....
We had a similar situation recently, called a plumber to repair a boiler, I was away and my wife had to deal with him. A £120 repair cost us over £450, he damaged parts that were OK, we had to employ a second plumber to repair the first's work. He was a very unpleasant man.
Always ask for a second quote for any work required. Or three!
However, at least you now have a new efficient boiler which if is AAA rated. (Should be by law now, condensing as well, if not ask the plumber some questions. Any new boiler should now be a condensing boiler. This means the water is preheated by the exhaust gas before going through the main heat exchanger. Not be confused with combination boilers which can also be condensing!) You will save the £1800 over the next 5 years on fuel costs.
Hope all goes well
2006-07-24 21:48:08 · answer #1 · answered by gadriel 2 · 11⤊ 2⤋
Not certain but it is normal that the owner be advised of any significant problems with the structure. The problem in your case is that you have a solicitor's questionaire which in one sense tells the courts that these are the only items we the purchaser are interested in. That is a problem because you as purchaser have the right to buy a house as is without inspection. It would be different if the seller were the home builder and they should have disclosed built the house to your satisfaction and safety. The question is was this a significant and intentional withholding of information or an unforeseeable problem. How long has the boiler been like this? Did they know about it? Can you prove this? If you can then yes they are liable for the expense of the new boiler. If not, well at least you won't die from carbon monoxide poisoning. And next time, hire a building inspector before you buy a house.
2006-07-24 21:32:40 · answer #2 · answered by LORD Z 7 · 0⤊ 0⤋
most agents particulars say that its up to you to ensure any / all devices work. Most surveys indentify if soemthing is working. Unless you can proove that the previous owners knew there was a dangerous fault then its not possible to hold them liable. even if you could proove that they knew, it would be difficult to get compensation.
As others have said talk to your solicitor, or possibly Citizens Advice
its a sad fact that caveat emptor (let the buyer be beware underpins all contract law.
the sellers should have completed a pre contract enquiry form identifying what services exist, and there is usually a question on "is its working", however the seller doesn't have to complete it. sometimes it depends on who the seller is (say for example the poeple selling the property didn't live in it then they may not know the working state of equipment.)
2006-07-24 21:28:50 · answer #3 · answered by Mark J 7 · 0⤊ 0⤋
In general, a survey will confirm that a boiler is present in a dwelling, but will not confirm or deny that it works. You could try to seek legal advice but I think you're shafted. Sorry. Hope I'm wrong for you.
2006-07-24 21:22:34 · answer #4 · answered by Roxy 6 · 0⤊ 0⤋
A boiler is a fixture, all fixtures should be in good order unless stated in you contract.
The fact that the boiler is not mentioned is a good thing.
2006-07-24 21:24:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would contact your solicitor again, it must be against the law to sell a house with something dangerous in it!!
2006-07-24 21:21:22 · answer #6 · answered by OriginalBubble 6 · 0⤊ 0⤋
when buying a house it is your responsibility to get appliances tested before they are fit for use,
its not safe to just move in and use the stuff supplied should get gas appliances checked out asap
2006-07-24 21:33:05 · answer #7 · answered by ♥fluffykins_69♥ 5 · 0⤊ 0⤋
Usually the seller does not need to say whether an appliance is working or not.
2006-07-24 21:23:33 · answer #8 · answered by Boris 5 · 0⤊ 0⤋