Question:
A Buyer rejects a home inspection when the Seller’s agent confirms in an email to the Buyer’s agent that the pre-existing pool was replaced in 2018 and there are no issues at all. After the closing, Buyers find out the pool doesn’t hold the water and drains it all. Who is responsible to pay for it?
Answer:
It is unfortunate that the inspection of the pool was simply omitted. That may or may not have revealed the problem. If it’s a vinyl pool, then there might be a hole in the liner. That would cost a few hundred dollars to fix. That might be patched up and would solve the problem.
The liner could be defective and require replacement. They have a warranty for 5 years and it looks like that time is up. That might cost $7,000.00 to $8,000.00 or more depending upon the size of the pool.
When did the pool start leaking? Improper use of the brush to clean the pool might have damaged the vinyl liner. The Buyer might be responsible for his own damage, particularly, if he has never had a pool before.
If the water is otherwise escaping, it could be a problem with one of the water lines or the main drain.
Does the Buyer have the right to compensation from the Seller? Maybe, that would depend upon the particular statement that was made.
It would be preferable if the statement was made after the contract was in force. There is an opportunity to sue the Seller for a false representation that was made fraudulently or negligently. That statement would not be excluded by the entire agreement clause (assuming it preceded the Offer). A similar claim could also be made against the Listing agent.
Brian Madigan LL.B., Broker