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    Post: Pool Issues - Not Disclosed

    Posted by JM on 5/21/07

    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

    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

    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
    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

    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...

    Posts on this thread, including this one
  • Pool Issues - Not Disclosed, 5/21/07, by JM.
  • Re: Pool Issues - Not Disclosed, 5/22/07, by Joe H..
  • Re: Pool Issues - Not Disclosed, 5/24/07, by J M.

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