Selling home problems
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Hi All,
Need some help for a family member who is being taken to small claims court following a house sale.
Background - elderly couple selling home, they are both in a care home (1 with dementia) and the house was sold while vacant including all viewings. House is sold, exchanged, money transferred etc.
Problem - buyers have found a condemned sticker on the boiler. The boiler is 28 years old. Buyers are requesting that a new boiler is fitted at sellers expense, which is £5k through British Gas.
Details - British Gas Home Care covered my family members and there is cover until November 2025. British Gas agent cannot send me documentation but has confirmed over webchat (which is saved and sent over email) that the boiler was fixed November 2024 and all was working. Same agent has confirmed that the boiler was not condemned. This web chat is dated 2nd May 2025. The buyers will not share a picture of the sticker. The buyers will not talk with me - my details shared via estate agent.
Status - family members (in care home) are being issued a small claims notice
Thoughts and help appreciated. House is in Farnborough.
Thanks
Need some help for a family member who is being taken to small claims court following a house sale.
Background - elderly couple selling home, they are both in a care home (1 with dementia) and the house was sold while vacant including all viewings. House is sold, exchanged, money transferred etc.
Problem - buyers have found a condemned sticker on the boiler. The boiler is 28 years old. Buyers are requesting that a new boiler is fitted at sellers expense, which is £5k through British Gas.
Details - British Gas Home Care covered my family members and there is cover until November 2025. British Gas agent cannot send me documentation but has confirmed over webchat (which is saved and sent over email) that the boiler was fixed November 2024 and all was working. Same agent has confirmed that the boiler was not condemned. This web chat is dated 2nd May 2025. The buyers will not share a picture of the sticker. The buyers will not talk with me - my details shared via estate agent.
Status - family members (in care home) are being issued a small claims notice
Thoughts and help appreciated. House is in Farnborough.
Thanks
In the exchange of documents part before completion there would have been a questionnaire and within that would have been 'when was the boiler last serviced?' type of question. Do you recall how that was answered?
If you put that the boiler was newer than it is (for example) they may have a claim.
If you put that the boiler was newer than it is (for example) they may have a claim.
fastgerman said:
Hi All,
Need some help for a family member who is being taken to small claims court following a house sale.
Background - elderly couple selling home, they are both in a care home (1 with dementia) and the house was sold while vacant including all viewings. House is sold, exchanged, money transferred etc.
Problem - buyers have found a condemned sticker on the boiler. The boiler is 28 years old. Buyers are requesting that a new boiler is fitted at sellers expense, which is £5k through British Gas.
Details - British Gas Home Care covered my family members and there is cover until November 2025. British Gas agent cannot send me documentation but has confirmed over webchat (which is saved and sent over email) that the boiler was fixed November 2024 and all was working. Same agent has confirmed that the boiler was not condemned. This web chat is dated 2nd May 2025. The buyers will not share a picture of the sticker. The buyers will not talk with me - my details shared via estate agent.
Status - family members (in care home) are being issued a small claims notice
Thoughts and help appreciated. House is in Farnborough.
Thanks
Sorry - This sounds like a load of stress on top of a load of stress.Need some help for a family member who is being taken to small claims court following a house sale.
Background - elderly couple selling home, they are both in a care home (1 with dementia) and the house was sold while vacant including all viewings. House is sold, exchanged, money transferred etc.
Problem - buyers have found a condemned sticker on the boiler. The boiler is 28 years old. Buyers are requesting that a new boiler is fitted at sellers expense, which is £5k through British Gas.
Details - British Gas Home Care covered my family members and there is cover until November 2025. British Gas agent cannot send me documentation but has confirmed over webchat (which is saved and sent over email) that the boiler was fixed November 2024 and all was working. Same agent has confirmed that the boiler was not condemned. This web chat is dated 2nd May 2025. The buyers will not share a picture of the sticker. The buyers will not talk with me - my details shared via estate agent.
Status - family members (in care home) are being issued a small claims notice
Thoughts and help appreciated. House is in Farnborough.
Thanks
I'd be trying to get a copy of the form that was filled in describing the fixtures and fittings as part of the sale. There's usually a question around the heating system and its state. It may well come down to what was said here.
I'd be trying the solicitor that helped with the sale if the couple don't remember / have a copy of the form.
Once you have the wording, if it doesn't make any claims as to the age / state of the system, then you should be well within your rights to tell them to jog-on. If it says something that is clearly incorrect (i.e. it says the boiler is new when it isn't) then they may have a claim.
In most cases, the wording is wooly at best.
Highlight to them that they will need to disclose evidence of the sticker's existence as part of their evidence and that the courts will take a dim view of it not being shared at a point at which court action might be avoided.
You want at least two photos:
1) One a close up legible shot of the sticker; and
2) A wider angle shot clearly showing the sticker on the boiler in that property
The sticker should indicate when and by whom the system was condemned... who will have records that you can check.
You want at least two photos:
1) One a close up legible shot of the sticker; and
2) A wider angle shot clearly showing the sticker on the boiler in that property
The sticker should indicate when and by whom the system was condemned... who will have records that you can check.
Nah.
Seller has no liability here. The onus is on the buyer to satisfy themselves on the condition of the property.
Providing the seller hasn't 'lied' on the TA forms and said the boiler was serviced a few months ago, there is no case to answer (and there likely wouldn't be even if they did).
Again, the buyer and their solicitor should have requested detail pertaining to the boiler's status.
Seller has no liability here. The onus is on the buyer to satisfy themselves on the condition of the property.
Providing the seller hasn't 'lied' on the TA forms and said the boiler was serviced a few months ago, there is no case to answer (and there likely wouldn't be even if they did).
Again, the buyer and their solicitor should have requested detail pertaining to the boiler's status.
Obviously there isn't enough detail in the post to give a confident reply, but a few things to consider below.
How did this 'complaint' manifest? Is the first communication from the buyer really a court claim for £5k? Assuming so, they will need to submit sufficient evidence to 'prove' their claim. It absolutely won't be sufficient to say that there is a sticky on the boiler and the seller owes me £5k for a new one...
Presumably the buyers are claiming that the condemned sticker appeared sometime between them viewing the property and completion? If both you and the estate agent know nothing about any boiler inspection in that period then you almost certainly have no case to answer.
If you have already received a claim via the court, then you need to respond to whatever is contained within it (nothing more). If you haven't received any claim, forget about it until you do. There isn't much point stressing about it if you don't now the detail of the claim.
If I've misunderstood anything let me know!
How did this 'complaint' manifest? Is the first communication from the buyer really a court claim for £5k? Assuming so, they will need to submit sufficient evidence to 'prove' their claim. It absolutely won't be sufficient to say that there is a sticky on the boiler and the seller owes me £5k for a new one...
Presumably the buyers are claiming that the condemned sticker appeared sometime between them viewing the property and completion? If both you and the estate agent know nothing about any boiler inspection in that period then you almost certainly have no case to answer.
If you have already received a claim via the court, then you need to respond to whatever is contained within it (nothing more). If you haven't received any claim, forget about it until you do. There isn't much point stressing about it if you don't now the detail of the claim.
If I've misunderstood anything let me know!
We have not received any official court action yet.
Estate agents are the current intermediary as the buyer won’t talk to me directly.
They want the full amount or they are taking us to court:
‘Hi,
We won’t be contacting him if he wants to contact you with a resolution of payment then great.
If not as stated in the solicitors letter I will be suing for the full amount and any interest incurred over the time.’
Estate agents are the current intermediary as the buyer won’t talk to me directly.
They want the full amount or they are taking us to court:
‘Hi,
We won’t be contacting him if he wants to contact you with a resolution of payment then great.
If not as stated in the solicitors letter I will be suing for the full amount and any interest incurred over the time.’
Did they not get a buyers report?
Looking at the paperwork above it didn't say it was last serviced and that's up to the buyers solisitor to ask. They should of sent this document to the buyers.
You can probably ask the solicitor who helped to sell the house if you want some good factful answers but I'd personally write my own letter through chat gpt and end it with saying see you in court.
Looking at the paperwork above it didn't say it was last serviced and that's up to the buyers solisitor to ask. They should of sent this document to the buyers.
You can probably ask the solicitor who helped to sell the house if you want some good factful answers but I'd personally write my own letter through chat gpt and end it with saying see you in court.
fastgerman said:
We won’t be contacting him if he wants to contact you with a resolution of payment then great.
If not as stated in the solicitors letter I will be suing for the full amount and any interest incurred over the time.’
I fear you may be up against a 'professional complainer'. All I can say is - don't be intimidated, hold your ground, think clearly and remember that much of it may be bluster and chest-beating designed to scare. If they really do issue a summons you'll need to defend, and they will need to prove their case. So far they have a sticker which may or may not exist. Don't roll over, and I wish you good luck.If not as stated in the solicitors letter I will be suing for the full amount and any interest incurred over the time.’
This might be better on the SPL forum.
Edited by Simpo Two on Thursday 8th May 13:09
fastgerman said:
We have not received any official court action yet.
Estate agents are the current intermediary as the buyer won’t talk to me directly.
They want the full amount or they are taking us to court:
‘Hi,
We won’t be contacting him if he wants to contact you with a resolution of payment then great.
If not as stated in the solicitors letter I will be suing for the full amount and any interest incurred over the time.’
They just expect you to write them a cheque for £5K on no evidence whatsoever other than their word?Estate agents are the current intermediary as the buyer won’t talk to me directly.
They want the full amount or they are taking us to court:
‘Hi,
We won’t be contacting him if he wants to contact you with a resolution of payment then great.
If not as stated in the solicitors letter I will be suing for the full amount and any interest incurred over the time.’
f
k that.You've the chat record from BG stating the boiler wasnt condemned.
As per above. Photo evidence of the sticker and photo proof its that boiler in that house.
You haven't given any undertakings about the age or condition of the boiler - merely that it has one and that it's working. The installation date has been left blank.
I am not a lawyer, but I don't think they have a leg to stand on. They should have conducted their own survey if they had any concerns.
I am not a lawyer, but I don't think they have a leg to stand on. They should have conducted their own survey if they had any concerns.
Is it possible to have the family member without dementia to talk to BG and tell them they can talk to you - sorts out the communications aspect.
Then simply ask BG for a copy of the service report from November, send to new owner with the statement the sticker is historical and of no relevance.
I would be surprised if any solicitor would tell them court action would stand any chance of being successful with that evidence.
Then simply ask BG for a copy of the service report from November, send to new owner with the statement the sticker is historical and of no relevance.
I would be surprised if any solicitor would tell them court action would stand any chance of being successful with that evidence.
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