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Question
I have a pool in a home I purchased last month. The pool was closed for the season so I requested a warranty be provided by the seller in case any problems arose when opening...well come to find out the filter does not work. And now the warranty company says they wont pay cause it never worked when I purchased the home. Is there any recourse for the seller to intentionally misrepresent the condition of the filter. All was said to be working condition at time of sale. Please help me the cost to fix it is $940, and I dont feel I should be responsible at all for this.
Hey, Jennifer.
What you're experiencing is a common problem and a common misconception about insurance. If you did not have the pool and related equipment inspected prior to close of escrow, then the insurance company probably isn't going to pay, so at this point it's your word against the seller. Unfortunately, your purchase contract probably says that buyer is responsible for due diligence on the property, and that due diligence was not done regarding the pool and pool equipment.
You can try to file a claim in Small Claims Court, but courts like to look at contracts, so if your contract puts the responsibility on you to do that due diligence, and you didn't, you probably won't be successful.
If the pool was closed for the season, sometimes a deposit is withheld from escrow to ensure that it would be working when pool season opened. Such is often done wih roofs in the north when they can't be inspected because they are under a couple of feet of snow.
I wish I had something more positive to say but it's probably simply a lesson to be learned.
Out of curiosity, what is the problem with the pool filter? For $940, a pool inspector would have been able find such a significant problem even with the pool being closed for the season.
Russel
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Russel Ray
Expertise
Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.
Experience
Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.
Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego
Education/Credentials
Graduate of Texas A&M University; College Station, Texas
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