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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We sold the house in may 2013, the buyer has now issued a small

Resolved Question:

We sold the house in may 2013, the buyer has now issued a small claims against us saying the chimney on the gas fire has no lining / proper flue liner etc, ( it was fitted 30 years ago ) He also apparently wants a new central hearing boiler and is suing for £5500
it all worked perfectly when we left and did so until Oct 2013: does he have a case or just trying his arm ? Thank you - Frank:
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Did you make any written representation about the condition of the chimney?
Customer: replied 3 years ago.

none whatsoever either verbally or written, we answered the BOILER questions thus, is the boiler working? = Yes


When was it fitted = not known,


cheers, Frank.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case there is absolutely no liability on you as the buyer takes the property as is where is.

You should defend the claim on the ground that condition 3.2.1 of the Law Society Conditions of Sale clearly states that:


"The buyer accepts the property in the physical state it is in at the date of the contract unless the seller is building or converting it"

and that no representation was made about the condition of the chimney.

The claim should be thrown out by the courts and you should defend to the end.

All the best
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