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IS A GUARANTEE ALL I NEED?

Q. I have recently purchased my house and my solicitor has sent me a copy of a guarantee for timber and damp treatment. Is this all I need if I had to make a claim?
Submitted by: SG
 

A. A guarantee on its own is virtually useless. It is merely confirmation that treatment has taken place but it does not tell you what took place, where or why. This information is contained in the report to which the guarantee relates and this is why it is a fundamental condition of guarantees that in the event of a claim situation ever arising it is necessary to produce the report as well as the guarantee. It is not unusual for a copy of the invoice also to be required as this confirms that all of the work recommended in the report was undertaken and not just part of it.

Read your guarantee and in particular establish the documents necessary in the event of a claim. If your solicitors did not obtain all of the necessary documents go back to them and ask why they did not and point out that as a consequence your guarantee may be unenforceable. After all during a property conveyance your solicitor should be acting in your best interest and perhaps by not gathering all of the necessary documents they did not do so.

One final point is you say you were sent a copy. If it is a photo copy then the original may have had conditions printed on the reverse. One of the conditions may be that the original document is required. Check with the issuing company if this is the case.

 
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