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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11451
Experience:  30 years as a practising solicitor.
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I recently bought a flat in Scotland and had to replace the

Resolved Question:

I recently bought a flat in Scotland and had to replace the boiler within a week when I was informed by an engineer it was "at risk" due to its location. It turns out that the previous owners knew this and hid the sign that they were supposed to display on the boiler. The vendor was keen to stress that the boiler was serviced annually but failed to supply any documents to my Solicitor. It has since turned out that they were served an "at risk" notice at their last service, 8 months ago.

It has cost me £1800 to replace the boiler and there are additional costs to pay to make the box the pipework in, etc. Can I reclaim any of this money from the vendor as they deliberately withheld vital information?

Thank you.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Did you intimate the defective boiler via your solicitor within the number of days specified for defects under the missives?

If not you have no claim. The sellers don't have to disclose something like this unless the contract says so. The buyer buys the house as seen and as specified in the home report.

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

Thank you for your response.


 


I did report the issue to my solicitor within the required period of time to report defects and steps were taken to find out more information.


 


However, since then we have found out that the boiler was declared "at risk" prior to the property being marketed and that the label that should have been attached to the boiler stating this was not displayed. If it had been displayed it would have been clearly visible when I viewed the flat as the boiler was not enclosed. This would have enabled me to negotiate a price incorporating the cost of replacing the boiler.


 


I am frustrated at the lack of response from my Solicitor as I merely want to find out if I have a case to pursue costs from the previous owner or not.


 


Any advice you can offer would be greatly appreciated. Thank you for your help.

Expert:  JGM replied 3 years ago.
The missives will say that the central heating system should be in satisfactory working order. As long as the defect is intimated timeously by your solicitor to theirs, you have a claim against them for the cost of replacement, assuming a repair wasn't possible.

Customer: replied 3 years ago.

Thank you for your quick response.


 


I feel that I have a case to pursue and will continue to ask my Solicitor for more support. Hopefully, it will have a positive outcome.


 


Many thanks for your help.

Expert:  JGM replied 3 years ago.
I agree. It may be that if your solicitor only deals with conveyancing he may have to pass this onto another solicitor to deal with your claim.
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