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Old 08-31-2007, 04:40 AM   Legal question regarding a house sale Post #21
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Putting on my solicitor's hat on, the answer is that he's just a whinging sod and you should tell him where to stick it. If he was that bothered about it, he'd have had someone check out the boiler (and the wiring, and the dampcourse, and the roof...) before you exchanged contracts.

So long as your solicitor didn't put in writing "yes we 100% guarantee that the boiler is perfect" it's just tough titties. And if your solicitor did say that, they should be shot.
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Old 08-31-2007, 05:24 AM   Legal question regarding a house sale Post #22
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as a lawyer myself - yep - you are as safe as houses....
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Old 08-31-2007, 05:25 AM   Legal question regarding a house sale Post #23
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Buyer beware
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Old 08-31-2007, 08:56 AM   Legal question regarding a house sale Post #24
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I thought one had 7 days after the sale to raise any issues...?
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Old 09-25-2007, 12:17 AM   Legal question regarding a house sale Post #25
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I hate these type of threads where an inital problem is posted but the end result never is. What happened Bell?!

(Waits for "I hate upped threads")
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Old 09-25-2007, 09:57 AM   Legal question regarding a house sale Post #26
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Quote:
Originally posted by Frankie:
I thought one had 7 days after the sale to raise any issues...?
No. The rule is caveat emptor (let the buyer beware) and it is near entirely up to the buyer to check out the issues before exchange of contracts. After that, it is tough for the buyer. before, though, you can haggle with the seller about who pays for what out of any repairs that turn out to be revealed by the survey and get priced up.

The only exception to that is if the seller makes positive statements saying "the boiler is brand new and in full working order" when it is 15 years old and on its last legs. So sellers never make definite statements, but will say vague things like "it seemed to be ok when we last had it serviced 2 years ago", or something of the sort.
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Old 09-25-2007, 10:14 AM   Legal question regarding a house sale Post #27
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Well i instructed my solicitor to tell him to get lost basically and i havent heard from him since.

Trying his luck i suspect.
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Old 09-25-2007, 02:03 PM   Legal question regarding a house sale Post #28
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buyer should get their own house/flat report done.
if they didn't then its their fault.
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Old 09-25-2007, 02:03 PM   Legal question regarding a house sale Post #29
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Quote:
Originally posted by Francis Cole:
Yeah its the purchaser responsability.

But now you have to hand over those home pack things don't you (has that started yet?) so no idea if that changes anything.
even if they handed me one of thsoe home packs id still get my own done.
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Old 09-25-2007, 02:50 PM   Legal question regarding a house sale Post #30
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Quote:
Originally posted by James Tringham:
<BLOCKQUOTE>Originally posted by Frankie:
I thought one had 7 days after the sale to raise any issues...?
No. The rule is caveat emptor (let the buyer beware) and it is near entirely up to the buyer to check out the issues before exchange of contracts. After that, it is tough for the buyer. before, though, you can haggle with the seller about who pays for what out of any repairs that turn out to be revealed by the survey and get priced up.

The only exception to that is if the seller makes positive statements saying "the boiler is brand new and in full working order" when it is 15 years old and on its last legs. So sellers never make definite statements, but will say vague things like "it seemed to be ok when we last had it serviced 2 years ago", or something of the sort. </BLOCKQUOTE>

Different legal system where Frankie, I and at the time bell are/were. Missives are king in Scotland.
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