(Closed) Attorney/real estate bees! Advice needed, help!

posted 5 years ago in Home
Post # 3
10367 posts
Sugar Beekeeper
  • Wedding: September 2010

Unless you got the pool inspection comments the real estate agent made in writing signed by the sellers, I doubt you have recourse. Did you get it in writing?

Waiving your protected right to an inspection to save $ is really never a great idea – you always want to know the person doing the inspection, and be the one paying them. You want them having YOUR best interest in mind.

Post # 4
10573 posts
Sugar Beekeeper
  • Wedding: January 2011

@MissCountryGirl727:  You used a lawyer for closing, right?

I would start by asking them.

Post # 5
3572 posts
Sugar bee
  • Wedding: September 2011

I think it’s caveat emptor – buyer beware.  You chose not to get your own inspection and relied on the seller’s word.  You should never ever rely on the seller’s inspection.   I am shocked your bank did not perform their own.  I don’t really understand how you purchased this home without an up to date inspection.  Did you pay cash?

Post # 7
748 posts
Busy bee
  • Wedding: June 2013

Yeah, I think you might be SOL unless you can prove they knew about the leak and intentionally did not disclose. Even then it might be more costly to take them to court over it than to just fix the leak yourself.

We put a bid on a house that had a similar issue. They intentionally witheld information about the leased propane tank. We were able to find out before close that they were shady and walked away from the transaction. They also claimed that they already did an inspection and that we could “save a lot of money” by just using theirs (We declined but they sent the inspection paperwork anyway). When they furnished the inspection documents though the guy didn’t look at anything, claiming that everything from the attic to the basement to the walls to the exterior of the house was “obstructed”. So essentially nothing was inspected.

Buyer beware. No one gives a crap about you. Everyone in the real estate process is just trying to make a buck off your every weakness.

Post # 8
3697 posts
Sugar bee
  • Wedding: May 2012

I’m no realtor or lawyer but my guess is you could at least file in small claims court.  A liner and install isn’t so much it’d be outside “small claims.” 

Personally, I’d use the money to tear down the pool – they are nothing but holes in the ground into which you throw money – trust me.

Post # 9
8394 posts
Bumble Beekeeper
  • Wedding: August 2012

Yeah I’m sorry but without your own inspection or something in writing, I don’t think there’s anything you can do. The seller could say he was using the water for his lawn or whatever…there’s no proof he used it to fill the pool.

Post # 10
1326 posts
Bumble bee
  • Wedding: July 2013

@almostmrsj:  I’d fill it in, too. Pools are SUCH a hassle and huge money pits.


Post # 11
46419 posts
Honey Beekeeper
  • Wedding: November 1999

@MissCountryGirl727:  Most jurisdictions have legislation regarding misrepresentation or omission of material facts, including problems with a pool. It could be hard for them to declare they knew nothing of the leak when records show they were using thaat much water.

As you say, your lawyer will give the best advice.

I am sure you have learned your lesson. You NEVER take the seller’s word on anything, nor do you rely on their inspection.


Post # 12
7311 posts
Busy Beekeeper
  • Wedding: October 2011 - Bed & Breakfast

I agree with @Westwood:  in that you have no way to prove that the water use was for the pool. Also, I am not sure that disclosure requirements extend to structures other than the house itself. As an ancillary structure, pool issues may not be required disclosures in your state. The only real way to know is to contact a real estate attorney in your state.

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