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    tylosoph Posts: 3, Reputation: 1
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    #1

    May 25, 2011, 02:47 PM
    Litigation - Property - Heating Clause - Do I have a case?
    Bought a property, contract conditions came through saying heating was working, moved in, no heating and we have had engineers round who have condemned the boiler and refuse to touch it. Contacted sellers solicitor through my solicitor, they admitted liability (they deleted the wrong clause in our contract). They then sent a cheque for £400, and said that's all they would do as they will not do anything that is classed as 'betterment'.

    We got another engineer round who said the current back boiler cannot be fixed, a replacement that does the same job, just 30 years more updated, as you don't get back boilers anymore, quoted us £1850. This was sent to the selling solicitor who responded by saying 'we're not bettering the system', and their court advisor stated we wouldn't get anything in court. I cannot make anymore suggestions to them, apart from gimme £1800!

    My solicitor has now completely lost interest and has sent me a letter referring me to a litigation lawyer pal of his. Surely as this is part of the house sale contract, its his job to get it conluded?

    My questions are:

    Am I going to have to pay a litigation lawyer and start all over with him/her?

    What's the likeliness of us actually winning in court? (we absolutely can NOT afford to lose, I've was recently made redundant).

    Any advise or similar experiences would be appreciated.
    tylosoph's Avatar
    tylosoph Posts: 3, Reputation: 1
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    #2

    May 25, 2011, 02:50 PM

    Additional Information: This is in Scotland, so would be Scots Law
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