This is a sample swimming pool clause for Buyers:
My comments appear in Italics
“Swimming Pool Clause (Older Pool with Liability and Insurance)
The Buyer acknowledges that the Property includes an existing swimming pool that is of an older age and may require maintenance or repairs. (this sentence is unnecessary)
The Seller agrees to:
- Disclose to the Buyer any known defects, repairs, or safety issues related to the swimming pool, including the condition of the pool structure, filtration system, and heater. (this is a new liability)
- Provide any available documentation related to the pool, including permits, past repairs, maintenance records, and compliance with applicable Ontario regulations. (key word is available, there may be nothing at all, and the permit may be long ago)
- Allow the Buyer, at the Buyer’s sole expense, to conduct a thorough inspection of the swimming pool and all related equipment by a qualified professional prior to closing. (this provision has no date, and no consequences)
- Sell the swimming pool in “as-is” condition with no warranty as to its future condition or compliance with applicable laws, except for the Seller’s obligation to disclose any known material defects. (the Seller likely did not have any obligation to disclose defects, so the obligation was created in #1)
- Indemnify and hold harmless the Buyer from any liability, claims, damages, or losses arising from the condition or use of the swimming pool prior to closing. (likely the Seller has insurance, and anything arising would be at the Seller’s risk, except for Buyer inspections)
The Buyer acknowledges responsibility for all future maintenance, repairs, upgrades, and compliance with all applicable laws, regulations, and by-laws related to the swimming pool after closing, including securing and maintaining appropriate insurance coverage.” (this clause is for the benefit of the Seller but doesn’t really add much)
This paragraph may not be suitable for all parties.
Brian Madigan LL.B., Broker