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Bought house - lots of problems

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  • Bought house - lots of problems

    Appreciate "buyer beware" applies for a lot of this but not all maybe?

    Anyway, we've had loads of issues with house we bought.

    Brief list:-

    1. Boiler. £3000 to replace. We knew boiler was old but seller promised it had been serviced and ticked box on TA6 saying heating system in good working order. My Conveyancer never chased this up. We moved in, was making a heck of noise, and showers worked intermittently - so we got someone to do a safety check. They advised me it hadn't been serviced for a long time​ and was, in fact, faulty.

    2. Water leak. £200. Walked in to puddle on the bathroom floor. Not just a small leak. They would have known about this.

    3. Electrics. Bare wires left hanging in the ceiling.

    4. Gas fire. Property advertised as Gas Fire (on TA6 also). Its there but its been disconnected from the gas supply (Assume because its faulty)

    5. Left rubble/junk - looks like they just threw it all behind the garage and hoped we wouldn't notice.

    These are main things, lots of others but I think I've had that.

    My Conveyancer has been useless- no idea. I did speak to a solicitor but they want £1000 just to look to see if I have a case?

    Any suggestions? Of course, I don't have an address for the sellers otherwise I'd consider small claims.....


    Its disgraceful that there are people out there who can do this. They knew full well it'd cost us a fortune to put these things right. Not that I want a medal but we spent time fixing little things before we left our house and cleaning it (the house was also filthy!)​​​​
    Tags: None

  • #2
    The TA6 form should be completed by the seller as truthfully and accurately as they can
    If the seller lies about info on the form, or provides seriously inaccurate answers to questions, then the buyer may sue the seller under the Misrepresentation Act or for breach of contract
    The buyer may be awarded damages and the contract could even be rescinded with the seller having to buy back the property
    The discovery of Japanese Knotweed by the buyer or continual disputes with neighbours that wasn't stated on the form is an example of misrepresentation where the buyer could claim damages

    IMO, sorry, you don't have a claim worth pursuing through the court. The biggest item, the boiler replacement, you admitted you were aware it was old. You replaced the boiler and now have "new for old", an improvement to the house purchase contract. If it had not been working you may have had a valid claim for repairing it

    Many house buyers are shocked with the state of the property when they first enter. Rolling up their sleeves to start cleaning, phone calls to tradesmen for emergency work are commonplace

    Comment


    • #3
      Originally posted by Pezza54 View Post
      The TA6 form should be completed by the seller as truthfully and accurately as they can
      If the seller lies about info on the form, or provides seriously inaccurate answers to questions, then the buyer may sue the seller under the Misrepresentation Act or for breach of contract
      The buyer may be awarded damages and the contract could even be rescinded with the seller having to buy back the property
      The discovery of Japanese Knotweed by the buyer or continual disputes with neighbours that wasn't stated on the form is an example of misrepresentation where the buyer could claim damages

      IMO, sorry, you don't have a claim worth pursuing through the court. The biggest item, the boiler replacement, you admitted you were aware it was old. You replaced the boiler and now have "new for old", an improvement to the house purchase contract. If it had not been working you may have had a valid claim for repairing it

      Many house buyers are shocked with the state of the property when they first enter. Rolling up their sleeves to start cleaning, phone calls to tradesmen for emergency work are commonplace
      I hear what you're saying BUT

      I appreciate theres no way I'm going to get £3000 out of them but, the boiler was not working properly - it certainly wasn't in full and working order as per TA6. Yes we knew we'd have to replace it in time but relied on it being working and providing hot water for now at least.

      Same with the gas fire. TA6 - gas fire. Its been disconnected so I have an ornamental item NOT a gas fire.

      Nothing I can do still?

      Comment


      • #4
        My opinion only. Other forum users may disagree
        I'm sure if there are other readers that disagree they will post their opinion

        Comment


        • #5
          You may be able to bring a claim. Look at the answers given by the sellers. Identify where you think they were incorrect. Ask yourself what you would have done at the time had you been given answers that you consider accurately stated the position. What difference would it have made?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment


          • #6
            'I don't have an address for the sellers otherwise I'd consider small claims.....'

            With all the resources available to you, you should be able to track them down, i.e. 192 is a starting point, etc.
            Ask neighbours, social media etc.

            Comment


            • #7
              Originally posted by Pezza54 View Post
              My opinion only. Other forum users may disagree
              I'm sure if there are other readers that disagree they will post their opinion
              Of course. Much appreciated....

              Comment


              • #8
                Originally posted by atticus View Post
                You may be able to bring a claim. Look at the answers given by the sellers. Identify where you think they were incorrect. Ask yourself what you would have done at the time had you been given answers that you consider accurately stated the position. What difference would it have made?
                OK. To be honest, I don't think some of the answers on the TA6 were truthful.....

                If I'd known the truthful answers I would have reduced my offer most certainly. Not to cover a new boiler but enough to part-pay for it (and a gas fire)

                Comment


                • #9
                  Originally posted by echat11 View Post
                  'I don't have an address for the sellers otherwise I'd consider small claims.....'

                  With all the resources available to you, you should be able to track them down, i.e. 192 is a starting point, etc.
                  Ask neighbours, social media etc.
                  So far no luck. All I've got so far is the old address (where I live now).

                  I've got contact details for his solicitor but I'm assuming they're not going to give me his address? ;-)

                  Part of the problem is hes got a pretty common surname for this part of the world.

                  Comment


                  • #10
                    Originally posted by paulfoel View Post

                    OK. To be honest, I don't think some of the answers on the TA6 were truthful.....

                    If I'd known the truthful answers I would have reduced my offer most certainly. Not to cover a new boiler but enough to part-pay for it (and a gas fire)
                    That is the quantification of the loss you may claim.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Guides and handbooks for Litigants in Person - :

                    https://legalbeagles.info/forums/for...60#post1701560

                    Comment


                    • #11
                      Originally posted by paulfoel View Post

                      So far no luck. All I've got so far is the old address (where I live now).

                      I've got contact details for his solicitor but I'm assuming they're not going to give me his address? ;-)

                      Part of the problem is hes got a pretty common surname for this part of the world.
                      No, but they can pass your communications onto their previous clients.

                      Make them aware that these issues exist, if they aren't resolved, then you will take action.

                      Give them 14 days to get back to you.



                      Comment


                      • #12
                        Originally posted by echat11 View Post

                        No, but they can pass your communications onto their previous clients.

                        Make them aware that these issues exist, if they aren't resolved, then you will take action.

                        Give them 14 days to get back to you.


                        That will only tell the sellers that you haven't found them.
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Guides and handbooks for Litigants in Person - :

                        https://legalbeagles.info/forums/for...60#post1701560

                        Comment


                        • #13
                          Originally posted by echat11 View Post

                          No, but they can pass your communications onto their previous clients.

                          Make them aware that these issues exist, if they aren't resolved, then you will take action.

                          Give them 14 days to get back to you.



                          True - but found out the sellers were forced to sell the house when debts from previous CCJs were called in it seems. I don't think they're the type to take things like this seriously.

                          Comment

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