Re: Faulty shower - seller's solicitor is at it

[Graham]

> With a view to claiming the cost of a repair from the seller

Doesn't "Caveat Emptor" have any meaning North of the border?

[cucumber]

If it's that bad would it not be easier to have the thing repaired or changed and have the electrician write a report on the unsafe condition of the old unit. Some photos will probably be handy too. That way you have a specific amount to claim from the sellers and your chum will still be able have a wash while waiting for something that could potentially take sometime to settle.

BTW I'd imagine the most your chum can claim from the sellers is the cost of a repair even if the unit replaced.

[Brian Reay]

Was is in this condition at the time of sale? I'd imagine it would be difficult to prove either way.

In all honestly, I'd wonder if it was worth the hassle of trying to claim.

Brian

[cucumber]

working condition unless informed otherwise and have about a week or so to report any problems.

[fred]

In article , Graham writes

LOL, not when the terms of the contract are, "defects found in appliances, fixtures and fittings, and notified within 5 days of completion of the missives (contract) shall be repaired by the vendor".

I've already undone the incompetent service work carried out on the boiler to restore the DHW operation to manufacturer's spec without charge so it would be nice if the vendor would meet the terms of their contract wrt the various appliances, fixtures and fittings without too much wriggling.

[Dave Plowman (News)]

Surely it's up to the buyer to ascertain the condition of this sort of thing before buying - unless there is some sort of warranty offered in the sale documents?

If it's all I'd found wrong with a 'new' house I'd be delighted...

[fred]

In article , Dave Plowman (News) writes

Although as Graham suggests there is a principle of Caveat Emptor, there are clauses in the contract that state the appliances must be "in working order commensurate with its (their) age and type", my position is that any safety related fault means that the appliance cannot be regarded as, "in working order" and so a repair at the seller's expense is in order. The shower is a well known quality make so I imagine spares will be readily available but I would rather the vendor was required to restore the shower to a safe condition than the buyer.

[Stuart]

Can't see where you actually said so but was the fault notified within the 5 days .?

[Guy King]

The message from fred contains these words:

Was this a new house? If so, claiming the cost of putting things right is entirely reasonable. If it's not, then I can't see what you're on about. All buildings have faults, and a few quid's worth of shower really isn't worth getting so upset about.

Fix it yourself, put it down to experience and get on with life.

[tony sayer]

In article , Guy King writes

Yep, chuck that heap of toss out and get a decent power shower and Enjoy on these cold winter mornings:))

[meow2222]

If you want to spend 3 figures in a time wasting and clearly futile and wrong attempt to recover =A330, you deserve what you'll get.

Youve even accepted the appliance was "in working order commensurate with its age and type," not that it matters a damn irl.

What was the seller thinking putting such a clause into the sale? Its just asking for this kind of silliness.

NT

[fred]

In article , tony sayer writes

Not my house but I'll pass that sagely advice on to the owner :-). Guy's right about all buildings having faults but when the contract says you can have ones you find and report within 5 days (which was done) remedied at the seller's expense then it would be nice if the other side didn't try and weasel out of the deal after the event. It will almost certainly be put down to experience in the end.

[fred]

There is no intention of spending money, merely asking the seller politely to meet their obligations under the contract. That appears to be where we differ, if I form a contract saying I'll do something, I'll do it, wouldn't you?

[Tony Williams]

.... and has now of course set up a poor relationship between the buyer and seller. The seller will now not be inclined to respond to casual enquiries about any quirks in things like the plumbing, c/h, electrics, etc, and will almost certainly 'lose' any obscure keys or documention they may have accidentally taken away with them.

[Grunff]

I fully agree. I hate the way this type of behaviour is becoming increasingly common.

[manatbandq]

the terms of the contract are, "defects found in appliances,

Is this a standard clause in Scottish house sale contracts?

MBQ

[manatbandq]

What type of behaviour?

Typical English house sales usually have arse-covering clauses making it the buyers responsibility to check all the appliances before exchanging contracts.

This (Scottish) case appears to be different. The seller has entered into a contract. The buyer is merely trying to hold them to specific terms of that contract.

If "this type of behaviour" is wrong then what's the point of any contract in the first place?

MBQ

[Grunff]

It's petty, that's all. Contracts are all good and well, and by all means, if it's something major, fall back on the contract. But small stuff like this, all you're doing is creating a big fuss out of thin air.

[fred]

In article , [e-mail] writes

I haven't bought a house here in a v long time but from the current sample size of one it certainly appears to be. The buyer's solicitor put in a clause requesting an 8 day checking period and the seller's responded with a 5 day period without blinking so I would guess that it is the norm.

[fred]

I'm sorry you think it is petty, I'd love to give the seller a call and have a chat about it, he'd probably say he didn't realise it was ferked and offer to pay for the part and I'd fit it for free but the only method of contact is through the solicitor so that's where reference to contract terms comes from.

The parts required come in just short of 25quid and a quick look at Dave the handyman's rates suggest a total cost including diagnosis, parts and repair of about 85quid which is better in my mates pocket than the seller's.