Buying House

[irelandagnes]

bought house moved fri 12th same day reported washing machine not same one I had seen its filthy and smelly all rusted rubber ring big hole in it ran cycle it flooded my kitchen floor on Monday reported my shower not working burnt wires in switch my solicitor says I must pay if I want her to act is this right they have changed the washing maching for this one

[Old_Geezer]

I do not think washing machines would normally be part of a house purchase unless explicitly specified. Damned cheek to leave a garbage one rather than take it with them though. As for the shower, that may be different but again I suspect it is bought as seen unless you were told it was in good condition. You may wish to wait for expert opinion but in your shoes I'd not pay the solicitor any more but simply replace the items. Probably cheaper in the long run.

[irelandagnes]

washing machine in sale and they said they used shower the morning of sale

[Peaspeculiars]

This is bad luck for you irelandagnes, sorry to hear. We bought our house with the washing machine to be included in the sale. With this, we produced an inventory of Fixtures & fittings which were to be included and the original owners signed this inventory before our purchase as part of the agreement. Unless the make and model were listed on the inventory (if you had one) there is not a great deal you can do. I would however go back onto 'Rightmove, search for the house you have just bought and use the picture of the original washing machine as proof (if you are considering suing the previous owners).
With the shower - Buyer beware, sold as seen I'm afraid, you won't get anything back for that.

[hc4361]

Yes, you would have to pay the solicitor if you want her to pursue your claim.

An alternative is to pursue it yourself through the small claims' court if you have the necessary evidence.

[johnny37]

I was going to suggest the small claims court. Write to the vendors first with your evidence and suggest if they do not wish to compensate you with respect you will take the matter further. A CCJ will cause difficulty for them in the future with whatever financial dealings they may have. Not sure how much a solicitors letter cost these days but it will have more gravitas. You do not have to use them for the claim, just to write a letter. CAB is also a good place. Never used them but you may even get a free letter.

[hc4361]

It would be a lot cheaper to start proceedings in the SCC than send a solicitor's letter.
If you want to pursue it yourself, first send a letter with the evidence stating what you want them to do and give them 14 days to reply. Keep it friendly and non-threatening. Send it by registered post so that you can prove they received it.

If you get no reply, send a second letter which will be your 'notice of intent' to proceed with court action if you do get a satisfactory reply. Once again give them 14 days to reply and send by registered post.

Still no reply after 14 days, start the court proceedings online. Cheap and easy to do.

[Peter Pedant]

You paid how much for the house ?

andyou are concerned about a washing machine worth as much as £200 ?

and the shower ? honestly get it fixed and continue to enjoy your new house...

and yes I would expect you to have to pay £200/h for a solicitor to chase things such as this

[hc4361]

It's still breach of contract, Peter.

[Peter Pedant]

hc we arent involved in principles
we're involved in ....money

a new frij is equiv to an hours of solicitors time

and this is definitely NOT a deal breaker

[hc4361]

You don't need a solicitor to pursue this and I definitely would pursue it if I were the buyer.

[factor-fiction]

Was the shower covered by the survey?
Would you have pulled out of the deal without a working shower and washer.
I'd have been annoyed but compared with the cost of buying a house I think these things are not worth losing too much sleep over. I'd write and ask for the washer to be replaced by the one that was agreed but i don't see what you can do about the shower- and you may feel it's not worth pursuing the claim over the washer if they refuse

[Peter Pedant]

.

Yeah you should have been given a pro forma which I have always had,
where there are questions and ticked boxes

Like is there CH ( tick) and does it work (tick)
or perhaps shower tick and does it work tick

so you would be able to proceed on the strength of that but I wouldnt

[hc4361]

Too many sellers think they can get away with these tricks. If they wanted to take the washing machine, why include it in the sale?

[buildersmate]

Further to PP's answer above, the standard Law Society Fittings and Contents Form (3rd Edition) does not include a 'does it work' option at all.

It has tick boxes for 'included' or 'excluded' or 'none', then a box for price, if applicable, then a comments box.

It is entirely for the purchaser to gain independent assurance as to whether the fittings and fixtures included any sale work or not.

[ummmm]

Can they get away with switching it as the OP suggests?

[Peter Pedant]

wll I claim 10 /10 for being the first to say the doc exists

I am sorry for getting the details wrong and am grateful to be corrected.

I have in fact just looked at them and thought - junk - if I dont inspect and check myself then there is no come back

[B00]

It might depend on the wording of how the washing machine was added to the sale ummmm?

If it was stated "A washing machine" rather than "washing machine model number....." etc.

Oddly enough im in agreement with PP on this one. Yes it's annoying and quite possibly sneakily done by the seller but I can't help but feel it just isn't worth pursuing.

[ummmm]

I agree. I would find it highly irritating but not worth the hassle...

[Peter Pedant]

Not odd at all Boo

logical, practical and least likely to lose more money
[ I stand guilty as charged ]