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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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My daughter has just bought a house in the UK. The seller ticked

Customer Question

My daughter has just bought a house in the UK. The seller ticked the box that the boiler was in working order - she has just moved in and it doesn't work. The boiler repair man states that it is unrepairable - and will need replacing. As it is a combi boiler. sher is left with no hot water and two small children. The estimate for the new boiler is nearly 4000 pounds which she cannot afford. What rights does she have?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The question here is whether the boiler was in working condition at the time she made the representation was made in PIF by the seller. If the seller has made a false representation that your daughter has relied on and has sufffered loss as a result then she should be entitled to compensation for harm suffered and costs incurred as a result.
Her initial step should be to check with the engineer when he thinks the boiler broke down. If it is after the date of exchange of contracts then your daughter will have no rights against the vendor. If it can be shown that it was probable that the boiler was not working at the time of the representations the she will probably be able to claim compensation.
Customer: replied 2 years ago.

The house was unoccupied when she moved in - and had been for a few years. Prior to that it had been let for a year. It is about seven years old. .

Expert:  LondonlawyerJ replied 2 years ago.
She needs to see if she can get evidence about when the boiler broke down. Has it worked at all in the time since she bought the property? I suspect not from your question but it is the date of failure that is crucial here.
Customer: replied 2 years ago.

She signed the contract last Friday and moved in over the weekend. She turned the boiler on and it did not work at all - the boiler service man came in yesterday and said it was irrepairable.

Expert:  LondonlawyerJ replied 2 years ago.
The question is was it in working order at the time the representation was made. So what is the date of the PIF? When does the engineer think it broke?
Customer: replied 2 years ago.

Ok -will do. If she establishes that - what is her next step.

Expert:  LondonlawyerJ replied 2 years ago.
She should get 3 quotes for repairs/replacement send it to the vendor and their conveyancing solicitor. Point out that a misrepresentation has been made the truth of which she relied upon. That if the true condition of the boiler had been known there would have been a reduction in the sale price to reflect this. That she expects the vendor to compensate her for her loss by agreeing to pay for the boiler to be fixed. That if she doesn't do so and your daughter has to fix the heating system she will be forced to take her to court for re-imbursement of the costs + compensation for inconvenience and distress.
Incidentally did her surveyors look at the heating system?
Customer: replied 2 years ago.

Thank you. No - just a structural survey.

Expert:  LondonlawyerJ replied 2 years ago.
ok
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you - that was very helpful.

Expert:  LondonlawyerJ replied 2 years ago.
My pleasure