This is a sample swimming pool clause for Buyers:
“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. 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.
- Provide any available documentation related to the pool, including permits, past repairs, maintenance records, and compliance with applicable Ontario regulations.
- 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.
- 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.
- 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.
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 paragraph may not be suitable for all parties.
Brian Madigan LL.B., Broker