Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

House defects and consumer law.

  • 18-09-2012 10:38am
    #1
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭


    Hope I'm posting in the right forum, can't see anywhere else that might be a more suitable.
    In a nutshell, I bought a house about seven years ago and from day one have been plagued with draughts to the extent that I need two sources of heating in winter. Initially, the builder agreed that the house was draughty and increased insulation but to no effect. After a while they just said they weren't going to bother any more and left it. I contacted Homebond who basically said that it was nothing to do with them and the place would literally have to be falling down around me before they'd take an interest. The County Council made three appointments to inspect and never showed. Finally I contacted the NCA and they tell me that house purchase is not covered by Consumer Law. Is this the case, am I really going to have to engage a solicitor, can I not even use the SCC?


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Its a different area of law entirely. Solicitor would be your best bet. I'd get a move on though, a seven year delay is not going to help you. I relaise you've been trying to resolve the situation yourself.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    You will need to check you contract, but you may be out of time.

    You really need to talk to a building surveyor and a solicitor.


  • #4
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    Thanks, was hoping to avoid that. I suppose it would be best to get the surveyor first?


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    bmaxi wrote: »
    Thanks, was hoping to avoid that. I suppose it would be best to get the surveyor first?

    Get a solicitor first, usual time limit to sue in contract is 6 years. Get legal advice before spending money.


  • #6
    jblack
    Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    A negligence claim will be hard to ground in this instance, and besides there is no damage.

    What you may have is a either a breach of an express contractual provision regarding habitability, or arising by way of implied term under the Hancock v. Brazier obligations.

    Unfortunately, it appears time is against your claim, although if the contract was executed under seal or the builder took action/admitted fault within the last 6 years the clock may have been reset.

    Another consideration would be the solvency of the builder if there was an award against him.

    If you wanted to get an idea have a look at Ward v McMaster, Colgan v. Connoly Homes and the recent UK Court of Appeal decision in Robinson v PE Jones - this differs a bit from the Irish position, but it would give you a feel.


  • Advertisement
  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    jblack wrote: »
    Unfortunately, it appears time is against your claim, although if the contract was executed under seal or the builder took action/admitted fault within the last 6 years the clock may have been reset.
    The problem may be that it is a patent defect, that might need to have been raised in the first 1-2 years according to the contract.


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Victor wrote: »
    The problem may be that it is a patent defect, that might need to have been raise in the first 1-2 years according to the contract.

    You may be correct, the reason a few posters have flagged the time issue is because of a quote in the OP.

    "I bought a house about seven years ago and from day one have been plagued with draughts to the extent that I need two sources of heating in winter."


  • #9
    jblack
    Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    Victor wrote: »
    The problem may be that it is a patent defect, that might need to have been raised in the first 1-2 years according to the contract.

    Even if it is, if a builder did any works to it post completion, even after the end of the defects liability period - such action can set the clock back to 0.


  • #10
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    jblack wrote: »
    Even if it is, if a builder did any works to it post completion, even after the end of the defects liability period - such action can set the clock back to 0.

    I probably should mention that when I say "builder, I mean his site foreman, who was very accommodating. He increased the attic insulation and reslated and replaced the insulation in the bay window, along with some repointing and resealing of joints . I doubt if there is any documentary evidence to this effect. The building firm is one of the largest in SE Ireland and I don't think there are any solvency issues.


Advertisement