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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Just purchased a apartment on the 15th floor of a apartment

Resolved Question:

just purchased a apartment on the 15th floor of a apartment building.all glass, in lease iam responsible for all windows and doors.when bought it seller signed document everthing in working condition
tryed to open a top window but the lock/catch is broken probaly take alot of fixing because of hight, how do i stand legally to try to claim from seller
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you confirm exactly how the Seller confirmed everything was in good working order- was it said to you when you viewed or did your Solicitor ask this specific question and the Sellers Solicitor reply was that everything, including the windows were in good working order, or words to that effect?
I look forward to hearing from you.
Al
Customer: replied 1 year ago.
my solicitor sent the sellers solictor a letter asking if everthing in apt was in good working order..returned signed form saying everying was in good working order,.windows were not specifically mentioned.,just genral question.letter returned signed saying everthing good working order
steven
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. What is the cost of putting this right?
Customer: replied 1 year ago.
not sure could be anything from £200 to £1500 depending if new unit has to be installed.
window units are make in germany.just want to no if my responsability or sellers before i decide what to do.
Expert:  Alice H replied 1 year ago.
If the seller failed to mention faulty window hinges, which appear to be a significant part of the property, then you may have a claim for breach of contract based on misrepresentation. Additionally, there may be a claim for negligence against the surveyor for failing to spot such an important issue. I think it's irrelevant whether a specific question was asked in the questionnaire - if the windows are an important make up of a flat in the 15th floor then the fault issue should have been mentioned straightaway. Honesty is the best policy.
Customer: replied 1 year ago.
thanks for advice,only problem that i have when talking to seller he said it was ok when he sold it to me,wont take resposabilty,surveyer did not mention it.but when tryed it on first day it was broken.
steven
Expert:  Alice H replied 1 year ago.
I suggest the best course of action is to notify the seller and surveyor that you are considering legal action. In the meantime you should get a quote to repair the window, when you have the quote in writing, you should write to them both again asking for compensation. If no payment is forthcoming you will have to start a claim in the County Court to recover your loss.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience: Partner in national law firm
Alice H and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for advice
Expert:  Alice H replied 1 year ago.
Please come back to me if you need any further assistance. All the best - Alice