Question:
“The Seller represents and warrants to the best of his knowledge and belief that the swimming pool and equipment are now, and on the completion shall be, in good working order. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but apply only to the state of the property existing at completion of this transaction.”
The way this is written, to me, means only the “promise that she BELIEVES all is in good working order” is what survives. Just that promise right? Not that everything will actually be working … just that to the best of her knowledge, she promises that she believes it will.
Answer:
You are on the money when you focus on “belief”. This is not a warranty about the pool. This is a warranty about the Seller’s thinking. Who cares about that? This aspect is often overlooked.
It’s important to be careful about the wording.
Brian Madigan LL.B., Broker
Comments 1
Good working order .. how will that be interpreted? Most swimming pool issues, including leaks, split hose , non functional pumps can be fixed or replaced for under 1k. The big things like a liner replacement 4K and a total collapse of the cement bottom about 10k on a large pool . How much has to be wrong before you take it to court. A decent owner might offer some insight and a portion of the cost back to the owner. Always cheaper to negotiate than litigate 😎🇨🇦