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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Hello We have recently purchased a home in England. We had

Customer Question

Hello

We have recently purchased a home in England. We had a full structural survey done on the house and a valuation survey. Niether of which indicated any real issues. Anything that was highlighted was directed to the seller and we were advised it was rectified.

The property we purchased was orginally built in the 1930's however it was sold to us as a fully refurbished property throughout.

We have now been in the house 6 weeks and several things are coming to light:
Small things are the dishwashers was not fitted properly, hence small cost to recitify
utility room not built correctly hence to use it we have to get carpenters in to redo it
A leak in the ensuite shower due to the showers and bath not being sealed properly -spent money getting plumbers in and now have to paint part of kitchen to rectify stain
-We have also been advised the venting in the bathroms have not been completed properly
The manhole in driveway not fitted with appropriate weight cover hence broke and gravl trapped causing drain to block and block all toilets
We now also have a leak in one of the upstairs rooms which an ntial consultation with a roofer suggests the chimney stack was not lined properly ( potentially) but intial quotes suggesting £1200 to look.

The house was marketed as fully wireless however none of the wirng was completed all left in the roof hence having to get a electrician in to complete the job
No telephone line of any sort was put in

This is just waht we know of, what recourse if any do we have against of any of the parties?

ON another note the church across the road rings its bell every hour on the hour and through the night but this was never disclosed.

We would like to understand if we have any right to compensation for all these costs we are having to incur,as a result of buying a newly refurbed property that is not a "new build".

The valuation survey suggested this property was on the very top end of procing due to the fact that it was fully refurbished.

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, I appreciate that now you have bought this new house, you believe you have not got what you expected, namely a fully refubished house. Instead there are some problems with it. However, in any house transfer, the latin maxim caveat emptor or buyer beware applies. This means that you bear any risk associated with the house from the moment of sale. Up to the moment of completion, you can require the seller to correct any deficiencies in relation to the house. HOwever, once you have purchased the property, then you bear the risk of anything going wrong with it or of any deficiencies coming to light from that date. So I regret to say that you will bear any of the problems which you have discovered with the house from the date of completion. This includes items, such as the lack of wireless, the leak, the dishwashers, the manhole. From the date of sale, the seller bears no liability to you. It should have been explained to you by your solicitor that once you completed the purchase, there was no going back and holding the seller liable for any defects subsequently discovered.

Buachaill :

2. One of the reasons you go a structural survey and valuation survey done was to satisfy yourself that you were happy with the house. Once you took possession of the house upon completion all risk in relation to the house passed to you. The seller no longer bore any liability. I regret to say that this is the case, but it is a lesson to be learned in relation to purchasing any house. Don't complete the sale until you are happy with what you are buying. After completion, it is too late to complain.