Pools can be shaky ground. If your home inspector said it was ok, then I'd call him. The problem with home inspections is that they aren't required by law and they aren't bonded and insured. So really all they do is just look it over and give you an opinion. As far as any liability they have, I don't know of any. Bet a second opinion from a pool professional and make them explain what they find. As far as I'm aware there is no organization that oversees home inspectors or guarantees thier performance. $1000 to repair a pool leak suggest a minor problem if any. If there is in fact a problem, it's probably yours to deal with. Again pools are a shaky area in home purchasing, and are generally regarded as "buy at your own risk." As far as the old owners are concerned, you'd have to prove they had knowlege of problem, and that could be impossible. Unless more major problems are encountered, I wouldn't involve an attorney.
2006-11-03 04:23:34
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answer #1
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answered by Brad 3
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The home inspector has a clause in his report that limits his liability to something that he would have been able to see. A pool leak may not be evident in a visual inspection.
The seller, however, probably would have noticed it, and should have disclosed this to you. Ask the Pool Man if he told the seller about it. If he did, have him document that fact and the Seller will be responsible for this repair ~ If the pool man did not, then ask him how a leak can occur within a short time.... Contact your Realtor, the seller's Realtor and the Seller if the closing agent can give you their forwarding address and politely explain the situation. Let them know that if the seller was aware of this condition, it was undisclosed and you are requesting the seller reimburse you to fix the leak. You are notifying the Realtors as well, because they are also under obligation to disclose this to you if they had any knowledge of it.
You may also want a second opinion from another pool guy. It's possible that he is wanting to charge you for something that's not there (hey, it's happened to me) because he thinks you won't know the difference. If you had a home warranty purchased at your closing, they may also be able to fix it for you where you won't have to come out of pocket with anything more than the $45 deductible.
2006-11-03 06:57:58
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answer #2
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answered by bathagent 2
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First, get a second or third opinion on the 'leak.' Then get your purchase contracts and documents, look through the Owner and Realtor Disclosures, and follow it up by looking at the inspection report. Regardless of where fault lies, you will need to get the problem taken care of, take pictures before any repair if the problem is visible. Afterwards, get all the reports from the pool companies including any repair bills and start sending letters out to the old owners, the real estate broker, and the inspection company. If you don't get a response from any within two weeks, you'll probably need to get a lawyer involved. This happened to us on our first home, only we had a leak on the roof in our family room. We contacted the broker who then contacted the old owners and even though they didn't pay all of it, they paid for most of the repair. Good luck.
2006-11-03 04:17:48
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answer #3
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answered by ? 2
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Did you have the home and pool professionally inspected before you purchased it? This should have been something caught by an inspector and you could hold the inspector responsible for missing it. Otherwise, the burden will be on you to prove that the previous owners knew of the problem with the pool and failed to disclose it to you. If there is evidence: previous patch jobs, neighbors who say "Oh, yes, they always had to keep refilling their pool," whatever, you might have a case, but you will have to consider whether it is worth the cost of pursuing this legally. When you own a home, stuff breaks and you have to pay to fix it. You may want to get a second opinion on the problem and the cost to fix it. Good luck and welcome to the joys of home ownership.
2006-11-03 04:01:08
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answer #4
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answered by just♪wondering 7
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Pools can also lose water to evaporation or leaking plumbing. What you should look at is the rate the water is dropping. A local pool store can give you an unbiased idea as to the normal rate of evaporation in your area.
Your first step should be to contact your pool inspector and make them aware of the problem. Provide them with the information the pool guy gave you. A reputable pool inspector should be able to determine if there are any visible issues. One would think that they would see everything that a pool cleaning service could see. If they missed something they should have seen, they have some responsibility to resolve the issue. Also take a look at the exclusions in there contract as there are limits to what they can examine
//Rick
http://paccrestinspections.com/
2006-11-03 06:12:44
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answer #5
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answered by Rick B 1
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I suggest you contact the inspector who did the inspections on the home for you. Ask him questions about his inspection. Make sure he is certified to inspect pools. If not, I would suggest you obtain another opinion. Select one who specializes in pools. Keep in mind, you didn't purchase a brand new home with a brand new pool. Things can go wrong after closing that previous owners can not be held responsible for, nor can the inspector.
2006-11-03 04:09:28
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answer #6
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answered by Anonymous
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Generally speaking, you are responsible for everything after closing.
Water does evaporate, especially in low humidity. It's a question of how much water seems to be disappearing.
If you can show that the prior owner knew or should have known of a defective condition that they either concealed or affirmatively said was not defective, they can be held responsible.
If the pool was empty all through the sale and you didn't ask them about the condition, and can't otherwise prove that they knew there was a problem, you're stuck.
2006-11-03 04:01:10
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answer #7
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answered by open4one 7
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I would definitely look at my home owners policy b/c there maybe something in there about this particular issue. But nonetheless, please get it fixed right away b/c an in ground pool with a leak can loosen up the entire foundation of your home and cause you way more than $1,000.00 in damages.
Jump on this right away. Time may be on your side right now since you've only been there 2 weeks.
Call the Inspector, and the insurance company immediately!!!
Good Luck!
2006-11-03 04:05:35
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answer #8
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answered by Wife~and~Mom 4
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Doesn't sound like you have any recourse on the seller. Where specifically is it leaking? The pump mechanisms, or the pool itself? You've only been there a week, don't even worry about it for now. Give it some time and gauge for yourself if anything is leaking. If it takes a while to lose the water, take your hose and fill it up when it gets low... and save yourself $1000.
2006-11-03 04:26:56
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answer #9
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answered by Anonymous
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Your home inspector no doubt gave you a printed report, so there's no reason to call them. It depends on the law in your state and whether pools are a part of it. If they honestly didn't know it was leaking, they probably can't be held liable. If you believe they had to know, you might have to sue. It can't lose water without a leak. Can I give you some spelling advice? It's OUR not ARE
2006-11-03 04:07:12
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answer #10
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answered by Kacky 7
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