Buying a House - problems 3 years later?

[laineynic]

How long after you have purchased a house can you go back to the seller and make a complaint about the house?

 

We bought our home 3 years ago after selling ours. About 3 weeks ago we ntoiced that the boiler was making a strange noise. So we called several places for someone to come out to it. As the boiler is a back boiler it seemed quite difficult to find anyone. Eventually we found aguy who came to look at it.

 

Thinking it would be simple it turns out to be a nightmare. The boiler is illegal and he has condemned it. He told us that there should be air vents in the chimney breast. He said that there could have been an explosion at anytime. He said the voiler was illegal and should have been sorted out years ago. He has advised us not to use it for safety reasons and said that it should have been sorted out by the previous owner.

 

I have looked at the paperwork from our solicitor and there is no mention of the boiler - as to wether it has been maintained or services. What I don't understand is why our solicitor did not pick up on any of this.

 

When we sold our property we were obliged to provide documents to show service to the boiler. Our boiler was in fact only 2 years old.

 

Today we had a second opinion, without telling him the story he told us the exact same thing - he also said it would be very difficult to replace this boiler and the cost of a new one was twice the amount compared to a standard boiler. He advised us to switch the boiler of as it is not safe and to make enquiries into having a normal boiler fitted.

 

We can't go through the winter without a boiler, I am a diabetic with a major heart condition and I am a very high risk for getting flu. We don't have the money to pay for a boiler to be replaced and we don't have the money to get someone to put all the pipework in to ove it from behind the gas fire in the living room.

 

if we had known then that the cost would be so high we would have tried to negotiate a better price for the house. We don't know what our solicitor was thinking not briningg this mateer to our attention.

 

I don't know what to do?

[dx100uk]

not being funny and i'm not calling specialists liars here...but..

its prob illegal NOW but it wasnt when it was installed.

it just doesn't meet todays regs.

as for vents in the breast urm..if its flued not needed when it was fitted.

prob not needed now...got a C02 monitor have you?

thats about the only thing to be wary off.

boilers can last 25yrs easily, might not be good but they can.

 

now have you asked for it to be serviced? or just i have this problem.

i'd get it serviced by another Co.

see what it is like after that.

 

anyone you call out will see £ signs when they meet a backboiler, they always do.

 

ok doesn't answer your question,

 

sorry

 

dx

[Raspberry Beret]

How long after you have purchased a house can you go back to the seller and make a complaint about the house?

 

I'm no expert (hopefully one will be along shortly) but my understanding is that house sales fall under the 'buyer beware' category. I wouldn't think you have any recourse with the seller now (unless they have falsified documents)...it was something that should have been checked during the purchasing process.

[laineynic]

To dx100 uk - we have had the boiler checked by 2 different engineers and without telling the 2nd one that came what the 1st has said. Hetold us the same. The boiler is over 25 years old. It has been condemned and could have blown at anytime.

 

Raspberry Beret - how come we had to provide so much info about our boiler yet our solicitor doesn't seem to have donw the same. I realise it is a long shot but whos responsible for failing to provide us with a safe central heating system.

[Guest Old_andrew2018]

IMHO you aren't going to get anywhere with this you simply need a new boiler, have you enquired if help is available due to your health condition.

 

Andy

[dx100uk]

urm.. 25 is pushing it...bang.

 

what abou these warm front people or alike?

 

d

[pompeyfaith]

yup search the direct.gov.uk site 4 help that will give u details of all schemes available also check your local council

[pompeyfaith]

if they condemned it did they disconect and cap off the gas supply ? They should of done and put a warning on it

[pompeyfaith]

oh and were those engineers gas safe registered if not get it inspected by them first

[Aequitas]

Unless a specific question about the safety of the boiler was asked and the seller gave an answer that was manifestly false, there is no possibility of claiming against the seller.

 

As for claiming against the solicitor, I think there is a limit to what can be expected to be disclosed by the conveyancing process and the warnings that a solicitor ought to give his client. I think a conveyancer ought always to recommend a survey, but beyond that I do not think he has a duty to advise concerning the condition of the property, though obviously if anything comes to his attention he ought to point it out.

[dx100uk]

i also think this is linked into why the HIPS were brought in?

 

sadly you have been caught out by the very thing it now protects against.

 

dx

[Mike Seat]

You may have little chance of a claim against the seller unless you can prove that the seller gave a false statement.

 

 

 

It is unlikely that you have all the relevant paperwork to determine if you have a case against your conveyancing solicitor. It may be that your lawyer raised questions that you have not seen. I suggest you obtain a full copy of your file and then review the situation.

 

 

 

It may be that your surveyor sent a copy of their report to your conveyancer which suggested that further investigations by made by your solicitor as to compliance with building regulations for the boiler.

 

 

 

I spotted some good advice concerning Poor Service from Conveyancing Solicitors or Licensed Conveyancers. Perhaps this will help.

 

 

 

Good luck