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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Just purchased a new property, asked both estate agents and

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Just purchased a new property, asked both estate agents and my solicitor for confirmation that heating system was fully functional, estate agent told me verbally it was, my solicitor was asked in writing they stated that the property information form stated that previous owner had said yes to the central heating system was fully working, had been serviced and had supplied a service record for 2012, he had also stated that he lived at the property. TURNS out it's broken has been faulty for a long while, was infact a rented property that owner had not lived in for over 4yrs, the previous tenant that rented has told me that they had complained to letting agents (same estate agents that were selling it) tenant had repeatedly had boiler looked at numerous times to no avail this year. I have found a service record in property dated last year 2013 that state it was faulty then , that both owner /landlord and letting agents had been aware that it was faulty, yet my solicitor is now saying I should have had the central heating checked in survey before purchase and it was a case of "buyer beware".
Is this a case of misrepresenation as It clearly stated working on spif when in fact evidence suggests they (agents and landlord) both knew it was faulty yet didn't inform me correctly.
Regards Andrew
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Good evening Andrew. My name is***** can answer this for you.

tdlawyer :

If the system was stated as fully working on the SPIF and it was not working as stated, then yes, this would be a misrepresentation.

tdlawyer :

This is not simply a case of "buyer beware" as that is the maxim that applies when questions are not asked. The whole point of the SPIF is to elicit information to enable you, as buyer, to be aware, and if this was wrongly answered then you would have a claim for misrepresentation if you would not have proceeded with the purchase at the price that you did (or at all) had you known the true state of the central heating system.

tdlawyer :

Your solicitor might wish to reconsider his poition on this.

Customer:

My solicitor is saying he is under no obligation to correct it as it could be that as far as he was aware it might have been and I should have had it checked, I did ask them to get verification that it was working prior to exchange of contracts ! Service reports to him and the letting agents state it has been an ongoing issue since 2013. The previous tenant came round to collect post and told me she had trouble getting it fixed all last year.yet he has said clearly it was fully working, can I expect him to pay for it to be fully repaired?

Customer:

By he I mean vendor not solicitor

tdlawyer :

Okay.

tdlawyer :

If he had mistakeny said it was working fine (but it wasn't) then yes, he can be expected to pay to put it right. It doesn't matter if he got it wrong or didn't mean to get it wrong - the fact is, he did. Now, of course, things can break down intermittently from time to time, and it might be when asked if it was working, he was right - it might have been. But if you have evidence of problems and when you purchased it was not working, then this tends to suggest it wasn't working and he shouldn't have declared it as working.

tdlawyer :

Are you still there? I've had no reply from you for the last 20 minutes?

tdlawyer :

Does this answer your question tonight?

Customer:

I think so was waiting reply too

tdlawyer :

You're waiting a reply from me?

tdlawyer :

My last post said this: If he had mistakeny said it was working fine (but it wasn't) then yes, he can be expected to pay to put it right. It doesn't matter if he got it wrong or didn't mean to get it wrong - the fact is, he did. Now, of course, things can break down intermittently from time to time, and it might be when asked if it was working, he was right - it might have been. But if you have evidence of problems and when you purchased it was not working, then this tends to suggest it wasn't working and he shouldn't have declared it as working.

Customer:

So legally he is responsible for repair.?

tdlawyer :

I believe so, as set out in my last reply. Obviously, you should discuss this with your solicitor, because he will see what has been written exactly and can comment more specifically.

Customer:

Thanks I will try them Monday see what they say. as I said when I first contacted the solicitor they said it's still very much a case of buyer beware and I should have had it checked prior. I did ask them to ask for proof it was working yet only got the spif form stating yes.

Customer:

Thanks for the help :-)

tdlawyer :

You're very welcome!

tdlawyer :

Please do remember to rate the answer for me before leaving. Thanks again!

Customer:

Ok I will

tdlawyer :

Thanks!

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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