- 4 years ago
- Wedding: September 2013
DH and I just bought a house last month. When we went to look at it the very first time, we met with the seller’s agent. We weren’t planning to start the process of buying until after the wedding, but we saw this house in a perfect location/price, and wanted to go have a look before we bothered with hiring an agent.
Anyway, the house has an inground pool and the liner had a few wrinkles in it, so we were asking the seller’s agent questions about it. He specifically told us that they had someone come check it out, the liner was fine, and there were no leaks, and it’d probably last us at least another 5 years or so.
We decided to go ahead with buying, our offer was accepted and we had a 2 week due diligence period. We found out that the seller had already had an inspection, sewer inspection and termite inspection done, so we didn’t have to pay for all those things, and our realtor told us that he was going to contact the seller’s agent for copies of all these inspections (we assumed the pool inspection would be in this paperwork). I had my dad do an inspection on the house because he knows what to look for and does construction for a living.
During this two week period, we paid for an appraisal, switched our loan type, and had to pay for another appraisal. We went to the house at least 4 times to look at the work we had asked the seller to fix during due diligence, the pool was full, and crystal clear every time we went.
We finally got copies of the inspections, but the seller only gave us the sewer inspection and termite inspection, and said that the home inspection was done before he made renovations so it wasn’t valid and he didn’t feel the need to give us that. When we asked our agent about the pool inspection he just said “this is all they want to give us.” By this point, due dilegence was over, we didn’t want to back out of the deal, we had a disclosure agreement from the seller that stated there were no problems “to his knowledge” with the pool, so we went ahead with closing.
We closed the Friday before the wedding, got married, and went on our honeymoon for a week so we never actually went back to the house until we got back. We start moving in, and find that the pool level had dropped about 2 ft. We monitored it for that week, and it continued dropping, but we didn’t want to let it get too low and have the liner collapse in so we filled it up.
DH decided that he was going to get in and check for a leak, but it’s been raining here constantly and hasn’t been able to get in to find it.
I contacted the seller’s agent to find out who they had to come look at the pool, and he says the seller left the number on our fridge. The number is not working.
DH went to the water company and got copies of the past water bills for the last 6 months. They show usage between 15,000-26,000 gallons of water (every two months). Over 26,000 gallons were used during the time that we were looking at/visiting the house often. Our house was unoccupied during the 6 month period that the seller had it, he remodeled and flipped it. This tells me he was knowingly having to fill up the pool each time potential buyers came by.
Is there any legal action I can take against the seller’s agent or seller for knowingly not disclosing a leak in the pool? The seller’s agent pretty much lied to our faces and we can’t even contact this “person” that they had come look at the pool for them.