Common Law & the Common Wo/Man

I've been mulling over the court judgement & do find it perplexing & rather contradictory. But then I'm not a lawyer, used to very precise language.

As I understand it, the fact that I had a clear agreement with Mr C, with a paper trail between our lawyers, whereby he agreed to have professional maintenance done, with specific reference to the leaking boiler, was totally irrelevant at the moment of completion. At that moment any previous agreement became null and void.

I  was by no means sure I would win the case, but never contemplated that if Mr C didn't do the work before completion he could simply walk away from the agreement. So, although I was well prepared, that was a complete surprise. I made the mistake of trusting his word.

I think most people in my situation would assume a written agreement would stand, never mind one's word being ones bond. The idea that I would, or could, check on the day of completion, seems unrealistic to me. I couldn't have the keys till completion was effected. Was I really going to get the agents out & keep the removal men waiting, while I went through the house, checking that the boiler & all the other maintenance issues had been fixed? The day was far too pressurised & rushed to do that, even if I had thought of it. The idea that I would be able to get my Surveyor out again, before completion, to check everything had been done seems ludicrous. Was I really going to refuse to complete with all my worldly posessions in the street in a van & no home to go to?

There were only 3 days between the 10 tenants leaving & me moving in. I assumed Mr C would use the time to compile a proper snagging list & complete the work as agreed. If it wasn't done before completion I assumed I would just have to put up with it being done while I was living there. A young friend bought a brand new house around the same time as me. There have been numerous issues which have had to be fixed for months after completion. They have been done. What is the difference I wonder?

I'm left feeling that unless you can guarantee that your solicitor will ask the right questions & advise you accurately & in detail you are at the mercy of a closed shop, very complicated system. If you don't know the questions to ask you can fall into the sort of trap that I did. Common sense & fair play simply don't enter into the equation. I'm lucky, I could afford to take this to court. I didn't have legal advice because I thought the "Small Claims" court was meant to give simple & cheap access to justice to everyone without recourse to the huge cost of lawyers.

I know better now. So, dear reader, learn from my mistake.