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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10604
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have just bought a house (August 2016) with an oil boiler

Customer Question

i have just bought a house (August 2016) with an oil boiler and have just had someone to look at it as we have no central heating and he has condemned saying that contrary to what the vendor has told me, the boiler has never even been serviced.
When I sold my previous property I had to sell it with a service and gas safety certificate otherwise my buyer would have been able to claim back from me. is this the case for my boiler?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry. What was your Seller's reply to the question on the Property Information Form which asks "Has the boiler been serviced?"

Kind Regards

Al

Customer: replied 1 year ago.
On the property information form it states that the heating is an oil based central heating system, installed in 1998 in answer to the question is the heating system in good working order they replied yes and that it was serviced in 2013.
when asked about oil left in tank they confirmed that it had been topped up in May 2015 but would be empty on their vacating the property..my solicitor asked how much oil is left in tank and also requested the last invoice and details of company oil was purchased through. the vendors replied that there was not much oil left in tank and that I would have to order my own oil on completion. do this on completion they did not supply a copy of the invoice or supplier of the oil
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

The first rule about buying a property is that you take it in its existing condition and it is up to a Buyer to satisfy themselves over the structure/services/boiler.

However, it appears to me (and it will be up to you to prove) that the Vendors may be guilty of Misrepresentation, which is where a knowing untruth has been told, and which you relied upon in proceeding with your purchase.

It is up to a Buyer to therefore show that in effect the Vendor has provided an answer they know not to be true, on the Property Information Form, and as a consequence, you have sustained a loss (ie a new oil boiler). If you can prove this, then the Court would look to the Vendor reimbursing you for a new boiler, or at least an amount towards a new boiler.

Court proceedings are of course very expensive, if you were to instruct a Soliciotr, but this matter would be heard in the small claims Court and which court can be used by private individuals, without the use of a Solicitor. (You would need the Vendors current address to enable proceedings to be commenced).

Hopefully, therefore, a letter from your Solicitor threatening such proceedings will make the Vendor see sense and lead to them making you an offer. If not, the court route is the only way forward.

I hope this assists and sets out the general legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Can I assist you any further?

Kind Regards

Andrew

Expert:  Aston Lawyer replied 1 year ago.

Hi,

If I have helped, I would be grateful if you could rate my answer.

Thanks

Al