Legal stuff - homebuying - building and pest - fault not fixed
Aug 3rd 2009, 4:50 am
#1
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Legal stuff - homebuying - building and pest - fault not fixed
Hello all,
I just wondered if anyone could offer advice on this one please...............
Bought a house (love it) but on the building and pest inspection it was noted that the upstairs shower tray (tiled) was leaking. This was evident by the staining to the kitchen and dining room ceilings. Week later owners said they had plumber round to fix it. Paperwork showing plumber bill of around $300 passed to solicitor to confirm so I agreed the building and pest.
Within a few weeks of moving in there was water pissing into the dining room whenever that shower was on. Took me WEEKS to get their plumber out. When he came he said he only checked the pipes over and they were not leaking. Called insurance, he said the membrane in the shower base was compromised and the cracked tiles were allowing the water through. Nothing to do with the plumbing, as I suspected. It was clear from looking at the tiles that they had tried to hide the leak with loads of sealant.
£6k quoted to fix. Not covered by insurance. No way we can afford that so we got Megaseal round and they sealed it for $700. We can get the downstairs ceiling painted on the insurance but its a $400 excess so that will be $1100 in total.
I have written to our solicitor to see if we can claim against the vendors and have just had this reply:
we could commence proceedings on the basis that it was a misrepresentation by the sellers but would probably involve considerable legal costs. The firm does not do no win no fee claims and would need to have $2,000 in trust to commence the proceedings, for filing fees etc.
I just wondered if anyone could offer advice on this one please...............
Bought a house (love it) but on the building and pest inspection it was noted that the upstairs shower tray (tiled) was leaking. This was evident by the staining to the kitchen and dining room ceilings. Week later owners said they had plumber round to fix it. Paperwork showing plumber bill of around $300 passed to solicitor to confirm so I agreed the building and pest.
Within a few weeks of moving in there was water pissing into the dining room whenever that shower was on. Took me WEEKS to get their plumber out. When he came he said he only checked the pipes over and they were not leaking. Called insurance, he said the membrane in the shower base was compromised and the cracked tiles were allowing the water through. Nothing to do with the plumbing, as I suspected. It was clear from looking at the tiles that they had tried to hide the leak with loads of sealant.
£6k quoted to fix. Not covered by insurance. No way we can afford that so we got Megaseal round and they sealed it for $700. We can get the downstairs ceiling painted on the insurance but its a $400 excess so that will be $1100 in total.
I have written to our solicitor to see if we can claim against the vendors and have just had this reply:
we could commence proceedings on the basis that it was a misrepresentation by the sellers but would probably involve considerable legal costs. The firm does not do no win no fee claims and would need to have $2,000 in trust to commence the proceedings, for filing fees etc.
We are sympathetic with you but unfortunately this was the decision made at the time which you had no reason to disbelieve.
Please let us know if we can assist you with this.
So what I need to know is, do we have any chance of success and how can I go about making the claim myself as, surprisingly enough, I don't have $2,000 lying around that I can let the solicitors hold onto for a while.
Any help gratefully accepted
Yours hopefully,
Ren xx
So what I need to know is, do we have any chance of success and how can I go about making the claim myself as, surprisingly enough, I don't have $2,000 lying around that I can let the solicitors hold onto for a while.
Any help gratefully accepted
Yours hopefully,
Ren xx
Aug 3rd 2009, 5:00 am
#2
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Joined: Jan 2005
Location: Brisbane
Posts: 4,298
Re: Legal stuff - homebuying - building and pest - fault not fixed
Hi Ren,
this isn't advice at all. But you could consider contacting these guys to ask whether or not this could be followed up through a small claims tribunal.
It may also be useful to contact Customer Law Reform and ask them, what would they do in your circumstances?
http://www.accc.gov.au/content/index.../whichType/org
good luck !
this isn't advice at all. But you could consider contacting these guys to ask whether or not this could be followed up through a small claims tribunal.
It may also be useful to contact Customer Law Reform and ask them, what would they do in your circumstances?
http://www.accc.gov.au/content/index.../whichType/org
good luck !
Aug 3rd 2009, 5:43 am
#3
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Re: Legal stuff - homebuying - building and pest - fault not fixed
Thank you very much for your reply. I knew I could try small claims court in the UK but its all new to me here so I will look into it.
Aug 3rd 2009, 5:51 am
#4
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Location: Sydney
Posts: 924
Re: Legal stuff - homebuying - building and pest - fault not fixed
You have my sympathy, but no real advice unfortunately. When we did the "pre-completion" inspection on our house the roof was leaking through to the study. Our building inspection said the roof would need replacing eventually but was "ok for now". Owner "fixed it" but 4 weeks later when we moved in and it rained it came down again. Solicitor was surprised we thought it was a problem! When OH went into the attic he found 8 buckets strategically placed which had obviously been taken out when the buildling inspection took place. We've been told "you got a great property for a good price what do you expect"!!!! Not quite the response I expected. I was legally trained (never practiced) in the UK so am totally horrified but my solicitor basically told me it wasn't worth the cost of pursuing it. You live and learn here!
Aug 3rd 2009, 7:07 am
#5
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Location: Westernport Mornington Peninsula
Posts: 1,761
Re: Legal stuff - homebuying - building and pest - fault not fixed
In hindsight there should have been a clause in the contract that the bathroom was fixed before settlement when you discovered it.
Its very difficult after the event as it has to be a common law matter and these matters are expensive. Sometimes its throwing good after bad.
Small claims is the only way to go with this sort of thing.
Anyone buying a house have it inspected before you buy and before you sign the contract. Actually in law in Victoria if you had an inspection done after the contract is signed without the special condition in the contract allowing such inspection, anything that is found to be wrong is your problem once contracts are signed.
At settlement the house has to be in the same condition as it was when you signed the contract of sale.
If a window is broken when you buy it if you want the vendor to fix it then you need a condition in the contract to say that it will be done.
Same with central heating, pool pumps, dishwashers, hot water services you should test them to see that they are working and have a clause to say they will be working at settlement. Checking and double checking, its not Mr Nice guy in this people who pull the wool always appear to be Mr Nice Guy.
Its very difficult after the event as it has to be a common law matter and these matters are expensive. Sometimes its throwing good after bad.
Small claims is the only way to go with this sort of thing.
Anyone buying a house have it inspected before you buy and before you sign the contract. Actually in law in Victoria if you had an inspection done after the contract is signed without the special condition in the contract allowing such inspection, anything that is found to be wrong is your problem once contracts are signed.
At settlement the house has to be in the same condition as it was when you signed the contract of sale.
If a window is broken when you buy it if you want the vendor to fix it then you need a condition in the contract to say that it will be done.
Same with central heating, pool pumps, dishwashers, hot water services you should test them to see that they are working and have a clause to say they will be working at settlement. Checking and double checking, its not Mr Nice guy in this people who pull the wool always appear to be Mr Nice Guy.
