Bought new house but shower and toilet are broken.

MaxP779

MaxP779

MaxP779

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Location
Glasgow
OcUK lawyers where do i stand?

I heard something along the lines of 5 working days to notify the previous owners of any faults (already done that through my lawyer), do they foot the bill for the repairs? None of it was mentioned in the home report, everything else is fine though its just the shower and toilet.
 
Out of curiosity whats wrong with them?

Any chance it could be in a room built on an extension that may have frozen? (although if sink works ignore this speculating :))
 
I think with any appliance or fixing it's really a case of caveat emptor. Unless they specifically told you that there was a working toilet and shower then it's your responsibility to have the plumbing and sanitation checked before you sign the contract... It's then their responsibility to deliver the house to you as it was at the time the contract was signed, so arguably if it has broken since then, it's their fault and they're effectively damaging your property, but you would have a hard time proving that without a statement or test showing it was working. I'm not a lawyer...
 
If the place has been empty (Specially this time of year with the temperatures) they have probably turned them off at the small stop-cocks (Shut off valves - Couldn't for the life of me think what they were called before the edit :P).
 
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I see you are in Scotland.

Check out what your missives say. There will usually be an undertaking by the vendor within the missives that certain systems and fixtures and fittings will be in good working order on settlement. It will probably depend of the wording of that specific clause.

I'd ask your conveyancing solicitor what the position is as they will know what was agreed in the missive and where you stand on this.

P.S. as above, are you sure they are broken and not simply turned off?
 
I didn't check the toilets and shower in our house when we bought it, you would certainly expet them to work.

Not sure on the legal front, but I would hope you could expect to have that fixed at their cost.
 
koolpc said:
It's a bog standard question that your solicitor can answer.
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This.

We finished our first house purchase last week but about 2 weeks before completion we got a note from the sellers solicitor to say that the dishwasher had broken shortly after Xmas. Although contracts weren't exchanged at that point, we had signed all the documents detailing that the dishwasher was included with the sale. Our solicitors merely sent a letter back telling them to get it fixed or take some account for buying a new one in the sale price. Rightly so, to be honest. I wasn't paying to take acquisition of a house with a broken dishwasher!!

They soon got it fixed once we started talking about knocking money off the house value.
 
alexthecheese said:
I didn't check the toilets and shower in our house when we bought it, you would certainly expet them to work.
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why not? you're entitled too.

i remember when i first got my keys and got to my house. the previous owner was there taking away the last bits of the garden shed they had dismantled. i was aware they would be doing this. i wasn't aware that i would find the heating on full blast. this was in july. i can only assume she did this on purpose to try and hit me with a bit of a heating bill due to how much i clobbered them on their asking price.

nice try i thought.. just a shame for her i changed my supplier the next day and it was her who ended up getting the bill anyway.
 
Contact your solicitor.

I bought my first house - got the keys, and the loft was still jammed with loads of junk and crap. I contacted my solicitor and the sellers sent round her dad/brother to empty it all out. took them a full day to do so - no chance I was clearing her rubbish out.
 
alexthecheese said:
I didn't check the toilets and shower in our house when we bought it, you would certainly expet them to work.
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This is just plain stupid to be honest. I have a friend who was a first time buyer who was purchasing the house from a couple that had lived in it previously. when he got the keys they had actually removed almost everything of value in the house, even down the the light switches and the ceiling roses. This is becuase it wasnt taken care of before hand I can only assume. There is normally a document you have to sign to let the buyers know what you will be leaving in the house and the condition of it I believe.
 
booyaka said:
Contact your solicitor.

I bought my first house - got the keys, and the loft was still jammed with loads of junk and crap. I contacted my solicitor and the sellers sent round her dad/brother to empty it all out. took them a full day to do so - no chance I was clearing her rubbish out.
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I was lucky last week in that they took pretty much all their stuff. They did however leave a trampoline, swings and wendy house in the garden! I've found a taker for the trampoline, but I am going to have to get rid of the swings and wendy house myself, which is a bit annoying.
 
Slade2 said:
This is just plain stupid to be honest. I have a friend who was a first time buyer who was purchasing the house from a couple that had lived in it previously. when he got the keys they had actually removed almost everything of value in the house, even down the the light switches and the ceiling roses. This is becuase it wasnt taken care of before hand I can only assume. There is normally a document you have to sign to let the buyers know what you will be leaving in the house and the condition of it I believe.
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Whilsts I have heard of cases where this has happened, I think it is much more common that people are more reasonable about this. We got a letter from their solicitors outlining everything that was staying including all integrated appliances and what not. It did not detail things like carpets, light bulbs (though it did mention light fixtures, which was fine), light switches etc. I know that strictly I didn't include those items in any part of the contract but most reasonable people leave them anyway.

I think people who leave properties completely bare (i.e. take light bulbs) are really frickin harsh, bordering on ridiculous.
 
Slade2 said:
This is just plain stupid to be honest. I have a friend who was a first time buyer who was purchasing the house from a couple that had lived in it previously. when he got the keys they had actually removed almost everything of value in the house, even down the the light switches and the ceiling roses. This is becuase it wasnt taken care of before hand I can only assume. There is normally a document you have to sign to let the buyers know what you will be leaving in the house and the condition of it I believe.
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Well you've jumped a bit further than you should have there. We did sign documents to state that all fixings would be left, and we got their fridge and freezer also, cos we asked for it and included it in the itinerary.

Your point doesn't even relate to me not checking the toilets work, even.

I'd be keen to understand if there is a legal requirement to have working toilets in the purchasing of a new house, though.
 
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