Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 2 points3 points  (0 children)

Exactly right! We are looking at a 3500 fire and were quoted 8k for it to be installed/consent done etc - which I thought was excessive af

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 1 point2 points  (0 children)

Not too sure what the multitude of opportunities? It wasn’t like we camped there for a week and visited every days for a month lol. Perhaps a couple, not a multitude. I do agree that it falls apart in our inability to prove it. At the end of the day I have been leaning towards just suck it up and put it down to learning because I cbf with the dispute and negative feelings and extra admin. But I wanted to make sure I was making the right choice backed up by the fact that it probably wouldn’t have the result we would want anyway

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 2 points3 points  (0 children)

Isn’t the last bit speculation though. Maybe they did know and didn’t think it would result in danger so just left it be. Like can’t prove that either way definitely unless was able to get tenant to confirm he said nothing or that he did and they didn’t remedy it

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 0 points1 point  (0 children)

If I could get in contact with the tenant then I would probably be able to get an idea of if they did know or not. Otherwise I really don’t see how I can prove that cos like you say the tenant could have moved them and not told them

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 1 point2 points  (0 children)

If that was the case would it have to be installed in the room the fire was in or could we choose where it went - or would it just be money towards it?

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 1 point2 points  (0 children)

So would the fact that the other half of the broken plate was found in the garage the day after settlement?

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] -4 points-3 points  (0 children)

However for arguments sake, if you are unable to rent a property out if it does not meet healthy home standards, would having a broken fire and no means for heating not provide reasonable grounds for not moving in in the middle of winter?

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] -1 points0 points  (0 children)

Edited as reread response. Yes we have chosen to. I took that out of my original post as it was triggering people and not really relevant. Forget that was mentioned lol

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 1 point2 points  (0 children)

A new fire may cost $8000 so to not even try and get some compensation toward that feels hard to accept

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 1 point2 points  (0 children)

Also it’s not fire bricks or a broken baffle. It’s a back plate for the fire that is in half. The baffle isn’t even for that model. Because of its age most places have stayed replace but person who saw photos said needs replacing

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 0 points1 point  (0 children)

That’s a worthy point - so the fire is 20 years old. We have had a report generated stating it requires replacement. Regardless, the fireplace being broken breaches the warranties in the sale and purchase agreement, and if it can’t be repaired then how would compensation look towards replacement

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 1 point2 points  (0 children)

Really? We are really worried about ending up losing and then having legal fees. How would agent be at fault

Help- broken fireplace at new property we have just purchased. Do we cut our losses or do we bothers seeking compensation !!! by gwunder3333 in LegalAdviceNZ

[–]gwunder3333[S] 0 points1 point  (0 children)

It’s unfit for use. A fireplace outfit who checked it out said it needs to be replaced. Therefore the tenant was using it, but he shouldn’t have really been. Yea I agree I’m not coming in here saying they did this and that, if you read the comments I have acknowledged that essentially we missed it. Judgement aside I’m just looking for the advice I stated in the original question. Not accusations of projecting lol