Hello I am a solicitor with over 15 years experience. I will try to help you with this.
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.
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.
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.
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?
You refer to a family. Who are they?
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.
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.
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.
OK so did your solicitor know that the electrical tests had been carried out?
not that i am aware of
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.
ok, thank you