A property is owned 50 / 50 by two persons. Following some works being carried out, it was identified that the property needs a complete electrical re-wire due to the age & condition of the electrics (40 + years). The wiring was made temporarily safe (as a favour, so to speak) by an electrical contractor on the understanding that the works will be carried out in due course. However, one partner now wishes to sell the property, the other does not think it should be sold without the re-wire and the ‘conditions’ stipulated above by the electrician above and also with regard to both a personal and professional duty of care. Thoughts please

Hi Tony, As far as I am aware there are no legal reasons why the wiring would have to be 'made-good' before sale. Property is essentially purchased 'as seen'. The reasons for carrying out the rewire would be financial and a balance between the cost of repair and the potential benefit of higher bids. The duty of care would be to ensure that the condition of the wiring be disclosed to potential buyers, or to be made good if the second partner remains in the accommodation.

Normally with house purchases the is a caveat which is completed by the vendor asking if any material information is known about the property which could be detrimental to the buyer. Presumably the same applies to commercial property. Therefore the condition of the property, including electrical issues, should be declared. There could be a duty of care issue but this would depend on a number of factors, for example, someone getting injured as a result of faulty wiring. Albeit, unlikely. It really is a matter of one's own consciounce I suppose.