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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A garage door was fitted to this property in May 2011 by Everest,

Resolved Question:

A garage door was fitted to this property in May 2011 by Everest, its insulated and draught stips fitted on all four sides. I have emails them but no responce. the problem as I see it is if the draught strip does not touch the flour the door is not fit for purpose and the problem should be rectified by Everesr
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Was Everest instructed to provide a draught proof door?

Customer:

I purchased his property one year ago and the door was already fitted, I have spoken to the previous owner and that was no help. With the wheather we have just had the floor of the garage was very wet, this is when I noticed there was a gap underneath the door. I have Everest survay of the property and there is no mention on the floor not being sutable to accomidate a draught proof door. I contacted Everest and a engineer attended the property and he stated we do not do floors. My question is if Everests survay did not ask for any action by the property owner to level the floor why did thier engineers not notice this gap.

tdlawyer and 2 other Law Specialists are ready to help you
Expert:  tdlawyer replied 3 years ago.

Hello. Thank you for your reply.

If this was done by Everest before you purchased the property, then you have no contract with Everest for the door to be fitted at all. As such, it's difficult to see how you can force Everest to fix any problem with it. Only the previous owner could do that, unless Everest have agreed you can ask them to repair it in the terms and condtions that the previous owner signed up to when he purchased the door.

I cannot say why one of the surveyors did not notice the gap I'm afraid. But a failure to notice the gap on a survey is not necessarily likely to mean they have to pay to repair it anyway as a result.

Tony

Customer: replied 3 years ago.

Hi Tony


On the purchase agreement it states 10 year guarantee transferable unconditional on all parts. if we get this transferred to us how do we stand?


 


Terry

Expert:  tdlawyer replied 3 years ago.
AH, I see. I thought it was worth me mentioning that.

Okay, then if the installation was defective because this was something that they should have done properly, then so long as the guarantee covers installation issues (and you would need to check this), then you should have a cause of action.

You might also be able to report it to their trade association (if they have one), which might help move along any complaint you might make to Everest.

Tony