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Old 08-30-2007, 11:35 AM   Legal question regarding a house sale Post #1
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Default Legal question regarding a house sale

We recently sold our flat. However the purchaser has now said he wishes to claim against us as their is a problem with the boiler.

We advised that to our knowledge the central heating was in working order, however he has had it tested and their is a problem with the flue. We had no intention to mislead him as we were unaware of any problems ourselves.

Im believe that when buying a property it is up to the purchaser to establish that everything is satisfactory before exchanging contracts.

Do you reckon has any chance of victory should he take us to court?
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Old 08-30-2007, 11:38 AM   Legal question regarding a house sale Post #2
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Not a definitive answer, but it seems to me that this is a case where 'caveat emptor' would apply.
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Old 08-30-2007, 11:38 AM   Legal question regarding a house sale Post #3
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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.
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Old 08-30-2007, 11:42 AM   Legal question regarding a house sale Post #4
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As far as i'm aware there's nothing he can do about it.
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Old 08-30-2007, 11:43 AM   Legal question regarding a house sale Post #5
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Hes trying it on. Call his bluff i say.
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Old 08-30-2007, 11:45 AM   Legal question regarding a house sale Post #6
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yep, it's definately upto the purchaser
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Old 08-30-2007, 11:47 AM   Legal question regarding a house sale Post #7
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as mentioned, its his problem.

A light survey wouldnt have found anything wrong but thats tough ****
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Old 08-30-2007, 11:48 AM   Legal question regarding a house sale Post #8
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If the deal is done, contracts exchanged and he has moved in there's nothing he can do. If he found the problem prior to the exchange of contracts then he should have pointed it out there and then, and you could have negotiated the cost of repair.

Don't think you have too much to worry about tbh.
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Old 08-30-2007, 11:50 AM   Legal question regarding a house sale Post #9
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It's between him and his surveyor TBH

No Comeback on you
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Old 08-30-2007, 11:53 AM   Legal question regarding a house sale Post #10
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Yea, I would side with you on this one. Their responsibility to make sure the surveys are done.

ON a side note. I know someone who had these surveys done and they weren't worth the paper they were written on. "The Wall seems fine, however you should get it checked out by a specialist" - "The floor boards seem fine, however you should get it checked out by a specialist." Absolute *****!
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