i purchased a new build property in 1999 and this came with a 10 year building guarantee from Zurich.

the property was built in 1997 and the certificate has this year as commencement date, but also states the effective date as the purchase date, which in my case is 1999.

fast forward to now and i am making a claim as there are some things which need replacing/damaged etc. I am assuming my guarantee is until 2009, 10 years from my purchase date.

Zurich have refused the claim, saying my policy expired in 2007, because no-one informed them of the sale in 1999. They're saying my solicitor should have done this.

what can i do now, as i was under the impression from the developer that the property came with 10 year warranty and no-one told me otherwise or to register it with Zurich. I simply read the statement which says 'effective from the date of purchase'.

who is at fault, me, my solicitor or the developer? or Zurich?

Zurich suggest your solicitor so that's who I would contact. See what they have to say.

i don't want to start doing extra work for this ...

should i believe everything Zurich tell me?

after the solicitor, they will say developer, then after that there will be no-one.

they'll all pass the buck around, but i want my claim paid, which i'm entitled to.

I would say it's the liability of whoever failed to tell them of the house purchase, ie the solicitor.

What does it say on the guarantee certificate? Does it say that Zurich have to be notified whenever someone buys the property?

on the certificate it says "the effective date or the date of purchase if later". Obviously, i can prove the date of purchase is 1999.

I bought a new build property in August 1999 and made a claim against the 10 year building guarantee in September 2008 as it expired in August 2009 (or so i thought).

The insurance company state that my solicitor did not inform them of the sale in August 1999 and so the policy started from the initial inspection in July 1997 and expired in July 2007 so they will not uphold my claim. If i can provide a copy of the contracts exchange document they will update their records and may look into my claim.

I then chased the solicitor's firm who cannot say anything since they have no file anymore, having destroyed it 2005 (6 years).

I also chased the developer since they're the ones who sold me a house with the guarantee but again because of no documents existing they cannot help me.

I've passed the insurance company to the FOS and the solicitor to the LCS. The developer i have no organisation to refer them to.

LCS have now stated they cannot look into the complaint because the solicitor has no documents to show.

FOS say nothing yet.

So i'm losing a claim through no fault of mine and no-one will accept liability.

Advice please?

Hello there.

You don't have any documents youself then? I haven't checked the LCS or solicitors' rules, but professions have prescribed timescales for keeping documents. Check the one for solicitors, it could answer that query.

Are you talking about an NHBC guarantee [National Housebuilders' etc, etc? I haven't heard of that starting 2 years prior to occupation but then I've never bought a new build.

I have to say I always keep exchange and completion docs myself, because if you have a mortgage, you don't normally have the deeds and this is your proof of ownership.

What about the Land Registry, can they help? They keep records of sales and purchases, don't they? Or if you have a mortgage, maybe they can shed some light on it.

HB

yes, i'm talking about the 10 year 'NHBC' guarantee but mine was from Zurich. The house was completed in 1997 and that's when the initial cert starts from and is then meant to commence from the date of purchase for the first owner which is me in 1999.

The insurance company say i could have bought the house 'off plan' and completed 2 years later, ridiculous as it sounds. I did not pay a deposit until May 1999 when i first saw the property.

I don't have the contract exchange documents as normally this is done between the solicitors and i'm not sure i was given a copy. I have other letters from the solicitor such as invoices, searches etc.

Land Registry shows the land being transferred to me and the property registered to me in August 1999 with the mortgage starting from the same month. However, this is not enough proof for Zurich.

So do you know what they will accept tifo? HB

So do you know what they will accept tifo? HB

at the moment, only the contract exchange documents, which i don't have. But it's clear i when i bought the house though Zurich say that is only for when i completed the purchase and i could have bought 2 years earlier.

FOS are being a bit funny about it, the company's had since Sept 2009 to look into my claim (and hence have passed the 8 weeks allowed) yet they want a final response letter which Zurich have not sent me. I've sent completed forms to the FOS recently for which there's no time limit (only the initial complaint has to be within 6 months of a final response).

Do you have the document saying you paid the deposit, tifo?

You say 'the fos are being a bit funny about it, the company's had since Sept 2009'. Which company do you mean please?

HB

yes, i have a receipt for the house deposit paid in May 1999, and a follow up letter saying i've lost it since i didn't complete the purchase within 28 days (the developer stipulated this). I completed the sale in August 1999 with the mortgage, searches and land transfer etc.

i mean the FOS wrote to Zurich in Sept 2009 giving them 8 weeks to respond. They did respond by telling me there is no claim. Now the FOS want a final decision letter but since it's over 8 weeks there's no need and Zurich never sent me anything more. Most communication was by email and telephone.

I don't know if this would help or not, but do you have copies of the emails and notes of the telephone conversations available as evidence?

HB

yes, i have the emails from zurich and notes of the chats. But who is this evidence for?

Sorry, I thought you meant most of the communication about buying the house was by phone or email. I may have tied myself up in knots here.

Can we go back to Zurich wanting proof of when you bought the house, but I don't understand where the paperwork is. I think the time limit for solicitors keeping paperwork is 6 years, but understand best practice is to offer any papers to the client before they're destroyed.

Are you saying that it's all lost? This sounded unusual to me, so I wondered if either the land registry or your mortgage company might hold the documents that would help convince Zurich.

I understand more about mortgages than about NHBC certificates and hope an insurance person might be able to comment.

Guys, please?

HB

land registry or your mortgage company might hold the documents that would help convince Zurich.

This might be something i can look into if they don't pay through the FOS or even while it's being looked at by them.

understand best practice is to offer any papers to the client before they're destroyed.

 

Are you saying that it's all lost?

I've not heard of this before. Might be worth looking into it. Thanks.

Yes, solicitors are saying it's all been destroyed (gets them off the hook!).

OK tifo, but are you saying that you personally don't have any of the documents relating to your own house purchase? I've bought and sold a few houses and I've always had a 'paper trail' of the buying and selling process. Are you saying you never received these documents or that you had them and didn't keep them, for example?

HB

OK tifo, but are you saying that you personally don't have any of the documents relating to your own house purchase?

I have most of the documents relating to the buying process such as deposit, mortgage, searches, land transfer, registration and completion from all parties concerned. I have a whole file of documents.

What i don't have is a contracts exchange letter. I am not sure my solicitor would have sent me one. I can't find a copy in what i have.

Any reasonable person looking at the documents i have would see that i bought the house in August 1999 because the deposit, mortgage, completion all tie in. But then insurance companies are not reasonable people.

Hi

Zurich are right your policy with them finishes 10 years after the property was completed not 10 years after someone buys it.

I am going through a similiar thing with them at the moment and on the Zurich Policy it completion date/Policy start date.

I bought a new build property 1.5 years after completion date but my 10 year Guarantee finishes at the same time as my neighbour who moved in as soon as property was completed.

The Zurich policy makes no referance to who bought it and at what time etc, its just states the date the building was completed and that is the start date of the policy.

Zurich no longer offer this Guarantee and stopped around 2 years ago so you will face an uphill struggle getting them to re-consider. If you google it it will pull up the contact details you need, There are only 2 people working in this area for Zurich and all they do once a claim is accepted is to pass it onto loss adjustors who then take over the claim.

The Zurich policy may also carry a high excess, what is the issue ? it may be cheaper to rectify yourself. Also if your in a flat it may be worth

checking that your Lanlord is not responsible for the issue. I have found through 5 months of investigating that my Landlord was responsible for the issue all along and was trying to pass the buck onto Zurich.

thanks majik but your post shows that you have not understood my claim but i'll respond to you anyway.

the policy starts from the date of initial inspection or date of first purchase (whichever is the later) as clearly stated on the certificate. Since i am the first purchaser (i bought from the developer) the policy starts from when i bought it. The policy is in my name. This is accepted by all parties.

Whether they still offer the guarantee on new builds or not does not matter to me as they did when i got it and it was valid for 10 years.

I don't need their contact details from google since i'm already in touch with them on a regular basis.

i don't live in a flat as clearly stated and refer to the HOUSE I BOUGHT with a 10 year warranty so i don't know why you're telling me about your landlord.

as for excess, i don't know if there is one or how much it is but it won't be as high as the cost of the repairs now needed.

In which case they have changed there policy as my states date from completion or date of first purchase whichever is sooner.

In relation to excess there will be one as it is in insurance policy, excess will be clearly stated in policy, mine is currently £1,133 for a 2.5 year old building and as its indexed it rises so nearer the 10 year mark the higher it will be.

i do find it odd that all houses/flats on this developement wouldn't have had guarentee that all started together as that is normal practice as now SHOULD they fix your issue if it effects others too it could be classed as betterment to the detriment of other residents. (Without knowing the problem is hard to guess)

In which case they have changed there policy as my states date from completion or date of first purchase whichever is sooner

mine states initial inspection OR date first purchase whichever is the later .....

since the date of first purchase (to me in 1999) was 2 years after the initial inspection (when built in 1997) i am right in what i am saying.

they are just using the excuse to get out of paying. They've done similar repairs to other close by properties so the problems are inherently built into the properties when they were made, i.e. they all have the same problems.

i'm in a difficult position with the claim. Zurich say the solicitor didn't inform them and the solicitor cannot say anything but the LCS say maybe they did send the docs which got lost in the post (thereby taking the solicitors side for no reason). Let's assume the solicitor sent the docs which got lost in the post so Zurich didn't receive them. They are both right and no-one will pay my valid claim?

Do you have a Managing Agent for the whole developement ? If you do contact them and ask why they did not inform you of the issues in other properties. (You stated that other properties have same issue and been fixed.)

Its irrelevant as to whether the Solicitor sent paperwork or not, You have a copy of the Policy and you can prove through your mortgage and through Land Registry when you purchased the property so thats all you need.

Policy does not have YOUR details on it, well mine does not anyway and i bought from developer, Check that your policy does not have the developer listed as first owner (mine did).

Do you have legal assistance on a Home contents policy, if you so inform them and IF they feel you have a case they will cover the legal costs and appoint a solictor to deal with it for you.

Policy does not have YOUR details on it, well mine does not anyway and i bought from developer, Check that your policy does not have the developer listed as first owner (mine did).

My policy has my name on it as first owner.

I didn't buy the house until Aug 1999 so i am wondering why the developer put my name on a policy certificate which is meant to be from July 1997? I didn't think about this before. Will have to check.