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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience:  Solicitor with over 15 years experience.
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We recently moved. the house we bought was owned by a building

Resolved Question:

We recently moved. the house we bought was owned by a building firm as it had been used as a part exchange from the family that lived here.The building firm had told the family to get the electrics tested on the house which they did. We were not aware of this until moving in day when we were handed the report. The report clearly states that the electrics are dangerous and it has cost us over £500 to get it sorted. The building firm are saying that they did ask for the report to be carried out but they didn't ask to see the report and therefore will not pay the bill.The electrician we used for something else happened to have carried out the report and said that the family were made aware that the electrics were dangerous but said they didn't care as they were moving. Where do we stand on being able to claim the money back?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

The Property Information Form that the vendors complete during the sale process should declare this sort of thing. What did they put on the PIF.

Customer:

They didn't declare that it had been carried out as far as we are aware. We used a conveyancer to move who has tried to sort this out but the building firm are saying they don't always follow up the results of reports and therefore weren't aware of the results.

LondonlawyerJ :

If the buillding firm were the vendors and were aware of the electrical problem and didn't declare it then one of 2 things has happened. Either they have made a misrepresentation/deception to you or your conveyancing solicitor failed to ask the appropriate questions. The former is far more likely as there are standard conveyancing protocols. YOU need to check with your conveyancing solicitor or look at the PIF yourself if you have it to see if they made a misrep' and then you will need to consider threatening and taking legal action in the small claims court to recover your costs of fixing the electricity.

Customer:

The building firm is saying that they don't always follow up and get the results of the tests so are therefore denying any knowledge of the results so that is the end of it.. Where does that leave us if they stick to that story?

LondonlawyerJ :

You refer to a family. Who are they?

Customer:

The family that lived in this house, they used this house as a deposit on a new build with the building firm. When we bought the house although the family still lived in it, we dealt with the building firms solicitors.

LondonlawyerJ :

OK you need to speak/write to your conveyancer and ask him what enquiries he made? Is there any enquiry he/she made that they have not answered properly. You need to pin them down to an answer. If the building company recommended that the family get an inspection done there may have been a reason fro this, ie they may have suspected there was a problem with the electrics and they should have declared this.

Customer:

From reading the emails from our conveyancer to the building firm it sounds like they just ask for these tests to be done but don't always follow them up and didn't follow this one. I don't know if the family gave them the results or not or if the building company asked the family for them which again leaves it with them denying any knowledge of the results.

LondonlawyerJ :

OK so did your solicitor know that the electrical tests had been carried out?

Customer:

not that i am aware of

LondonlawyerJ :

OK I think you need to write to your solicitor, explain the position, and ask if the builder's firm has field to declare the electrics. Also ask your solicitor what, if any, enquiries he raised and whether he thinks that the builder has failed to disclose anything he should. If your solicitor has carried out adequate enquiries and the solicitor has not failed in his duties then you will have to bear the cists of the electrical work I am afraid.

Customer:

ok, thank you

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience: Solicitor with over 15 years experience.
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