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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12083
Experience:  30 years as a practising solicitor.
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About 5 years ago I bought a flat off plan from the builders.

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About 5 years ago I bought a flat off plan from the builders. Not long after I was troubled with bad mould in the bathroom,I had an extractor fan and couldn't work out why. The mould got worse and it took 3 separate complaints to the factors before the problem was spotted 2months ago. It turns out that although the extractor fan worked it had never been connected to the vent so all the steam had just been circulating throughout the flat with no escape. The factors contacted the building insurers,but because they only took over 3 years ago and the problem started when I bought it they want nothing to do with it. At the moment I have no sink,no floor covering and the walls,ceiling,tiles and door is covered in mould. I have a 3 year old and I'm also worried about the health implications of this mould.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
The contract you had with the builders will by now have expired. However, I presume that the fault was caused by the builder not connecting the extractor to the vent. That could be intimated as a claim in negligence rather than contract. The importance of that is that any time limitation on a claim would run from the date you discovered the problem or ought to have known of the problem. Given that the factor carried out prior investigations and was unable to find the source of the problem, my opinion is that you can now intimate a claim to the builder for negligence in not carrying out the work to the house properly and for not inspecting the house before it was sold to you.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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