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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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I am putting my house on the market (in Scotland) and heating

Resolved Question:

I am putting my house on the market (in Scotland) and heating system has a slow leak in the pipework causing loss of pressure every week or two. This loss of pressure only happens during the warmer months when the heating side of the system is turned off. The domestic hot water system and operation is not affected.
Do I need to disclose this to the buyer or property surveyor?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

This is the law of contract. In every contract for the sale of property there is a clause to say that the central heating system is in working order. If that turn out not to be the case then the purchaser can insist on the system being fixed at the cost of the seller. The missive will also price that any defect has to be intimated within a certain time of the entry date, typically 5 or 7 working days.

So if this time passes without any problem and then a problem develops it is no longer the problem of the seller.

The answer in your case would be to pressurise the system immediately before you leave so that it is fully operational at that time and for the fortnight thereafter.

Your solicitor can put in the missives that the system is covered by a maintenance contract and give the purchasers the option to take this over.

But you don't have to disclose the issue to the buyer or the surveyor. It is not unusual at all for combi boilers to need to be re pressurised every so often in the circumstances you describe. It is not a defect, it is just what happens when you have old pipework and a new boiler system.

I hope this helps. Please leave a positive response so that I am credited for my time.
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