Re: Pool Issues - Not Disclosed

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Thanks - Anyone else have some feedback?

On 5/22/07, Joe H. wrote:
> 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