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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3666
Experience:  Solicitors 2 years plus PQE
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What legal rights does a buyer have once moved into the property

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What legal rights does a buyer have once moved into the property and a defect is discovered. Ie seller stated on legal paper TA6 section 12 (c) that the heating system was in good working order. But once in the property it has been found that the heating is NOT in good working order and is likely to cease altogether at any time.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

The TA6 forms part of your contract for the purchase of the land. As long as the seller has not qualified this with "as far as he is aware" or some similar statement then this will amount to a breach of contract.

You are entitled to sue to recover all losses that you can prove are a naturally occurring consequence of the breach. Essentially this would be repairing the heating system.

Do you have any further information you can provide me?

Kind regards

AJ
Customer: replied 3 years ago.
Many thanks for your answer. We have only been in the property 2weeks but the convenancer we used is telling us that we should have checked the heating system before we moved in, but of course this you cannot. You have to rely on he TA6 being answered truthfully. We have forwarded a report and analysis by Homeserve to the legal people who acted for us and they have stated that they will try and get us some financial redress . Should this fail, what further legal action can we take?
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If they do not obtain some compensation, you will have to pay to fix the heating system your self and the loss you have suffered from this can be used to bring a claim in the county court for breach of contract.

There is an element "buyer beware" to this and you should have had a survey conducted. However the TA6 does form part of the contract and if the seller categorically says the heating system is in "good working order" you are entitled to rely on this.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.
Hi AJ, we did have a survey done and this was passed onto out legal people. We will now check this report to see if there was any mention of the heating system and then get back to you.
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If the surveyor checked the heating system then you may have a claim against the surveyor as well.

Kind regards

AJ
Customer: replied 3 years ago.
Hi AJ, Yes the serveyers report was passed to our legal people and it did state that we should ask our legal people to get the seller to provide written evidence with regards XXXXX XXXXX heating system being checked regularly. We highlight the appropriate sections and sent these at the time both our estate agents and to our legal people. Do we have a redress against them if the instruction were not carries out?
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Yes potentially you have a claim against the solicitor as well if you asked them specifically to raise an enquiry about the heating system and they did not.

The only way to prove this is you will need to request your file from the solicitor.

Kind regards

AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Many many thanks for you assistance.

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