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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11681
Experience:  30 years as a practising solicitor.
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I sold my house in February and 10 days later the buyer came

Resolved Question:

I sold my house in February and 10 days later the buyer came back to my solicitor to say there was a leak from the central heating boiler. The solicitor suggested I fix the problem outwith the legal situation. I sent a heating engineer to fix the leak. A few days later there was another leak which the engineer fixed. Next the heating was not working and the engineer went back and drained out the system and said he thought it was ok. I have had another call to say it is not working again. I have so far paid the engineer £250. When does my liability stop? I am in Scotland.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Normally only defects intimated typically within 5 or 7 days of the entry date are the responsibility of the seller. You should check the missives in this connection as a ten day period is quite a long time.

After this length of time unless the current issue is related to the first and unless the first was intimated in time under the missives you have no liability.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

The boiler is around 10 years old and therefore is not going to be A1. The engineer seems satisfied that the system is working. If I tell the buyer that I am going no further what are the implications in the circumstances.

Expert:  JGM replied 3 years ago.
The buyer could make a claim under the missives but I think he would be out of time unless the initial intimation was in time and there is a current defect linked to the initial problem.

If it was me, I would say you have done more than you are required to do. Your engineer got the system working and that is an end to it as far as you are concerned.
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