Posted by JM on 5/21/07

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I recently purchased a 7 year old home in December 2006 in
NEPA. Ended up paying close to asking price less $10k
towards closing costs. One of the selling points was a
gorgeous in-ground, gunite pool built in 2003. Since we
purchased in Winter-time, it was difficult if not
impossible to take a good look at the pool. However,
since it was only a few years old AND there were NO ISSUES
reported on the Seller's Disclosure, I was not overly
concerned.

Winter came and a) the seller did not have a pool cover
pump in place, b) we had some very very heavy rains, and
c) a great deal of mud ended up in the pool due to some
poor grading near the pool. Something I wish I was
informed of. I installed a cover pump and the problem
subsided.

When the pool was opened (cover removed, etc) in April
2007, I noticed that over 50% of the tile surround the
pool was cracking and/or coming off. Searching through
the records left by the seller, I found there were some
tile repairs as early as months upon the pool being
installed. Lead me to believe this was an ongoing problem.

I called my realtor (who happened to be a dual agent for
the seller and I) and he was unfortunately not a great
deal of help. He told me to get an estimate for the
repair and give it to him.

I called the pool company who installed the pool - they
told me that:
a) the seller had another company install the concrete
decking around the pool
b) the decking was installed improperly which caused the
tiles to adhere to the decking. When the decking shifts
due to water/ice/etc. the tiles come along for the ride.
c) they advised the seller during installation that this
was done improperly and the POOL WARRANTY was VOID due to
this.
d) the repairs would cost $10k at least.
e) the problem could affect the structure of the pool and
cause permanent damage.

I then called the broker back who put me directly in touch
with the seller. The seller told me:
a) the pool company never told him there was any problem
b) the problem was there from Day One
c) he was unaware of the warranty being void

Regardless, he knew of the problem at some point and from
speaking with several people in the pool industry, the
problem was likely there all along and continues to get
worse.

How do I best proceed? I am inclinded to pursue legally
against the pool company, broker, and seller. Is this the
best course of action? Are there any lawyers in NEPA who
have experience in cases such as this?

One side-note:
We also found a major problem with the Oven. It would
overheat and take hours to cool down. We found an email
from the seller sent to the Oven manufacturer outlining
the exact same problem with some possible solutions. This
was not disclosed.

I called the Realtor and was told that appliances break-
down and there was not much I could do.

Look forward to some help...
JM

Re: Pool Issues - Not Disclosed, 5/24/07, by J M.

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