Re: Pool Issues - Not Disclosed

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Looks like you have a strong case against the seller. I
have heard several horror stories about Carlton Pools and
their post-sales service.

The agent should be more helpful as well - they may be
trying to protect themselves from any possible action.

Good luck....

On 5/21/07, JM wrote:
> 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&37; 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