Skimmer sinking. Neighbors retaining wall fell.

Poolsnotmygame

Well-known member
Apr 25, 2019
70
Massapequa, NY
I found out that this issue was known by the previous owners. I’m having A LOT of trouble getting someone to take a look but apparently previous owner was quoted $40k. Although I dont know for what. The pool still works perfect but the difference in skimmer height is posing issues in using one or the other which will only get worse as time goes on. I think the neighbor behind me and his retaining wall is to blame but is there a way this can be fixed without costing $40k? Anyone have any experience with this type of deal?
 

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Jimrahbe

Mod Squad
TFP Expert
LifeTime Supporter
Jul 7, 2014
19,491
Bedford, TX
game,

A lot more than your skimmer is sinking.. Not sure about the 40K number, but it does not look too cheap to fix to me.

Let's see of @bdavis466 has any ideas...

Thanks,

Jim R.
 

bdavis466

TFP Expert
Platinum Supporter
Aug 4, 2014
5,529
San Clemente, CA
The skimmer isn't sinking, the entire pool is.

Before you get insurance and lawyers involved you need to make sure that your neighbor's retaining wall didn't fail because of your pool. Have it checked for leaks and proper engineering.

From this vantage point your neighbor has just as much of a case as you do so be careful how you proceed.
 

HeyEng

Gold Supporter
Silver Supporter
Nov 7, 2018
567
Oklahoma City, OK
If it was indeed known by the previous owner, and you can prove that, they you could have a good cause of action...legally. There is more that needs to be known (when did you buy/inspections/disclosures/etc) but I would keep that in the back of your mind.
 

Poolsnotmygame

Well-known member
Apr 25, 2019
70
Massapequa, NY
The skimmer isn't sinking, the entire pool is.

Before you get insurance and lawyers involved you need to make sure that your neighbor's retaining wall didn't fail because of your pool. Have it checked for leaks and proper engineering.

From this vantage point your neighbor has just as much of a case as you do so be careful how you proceed.
I think the wall failed because it wasn’t properly maintained. I tried to show one photo where the concrete blocks are on their lawn fallen apart.
 

JamesW

TFP Expert
Mar 2, 2011
21,129
Did you do an inspection before purchasing the home?

Did the problem not exist at the time or did the inspector miss it?

What is the current rate of elevation loss?

You're probably going to need an attorney to advise you about the rights and responsibilities of all parties involved, including the neighbor and the previous owners.

You need an engineer to evaluate the situation and advise you about possible fixes.

The longer you wait the worse it's going to get.

I would think that $40k is low for a good permanent fix.
 

Poolsnotmygame

Well-known member
Apr 25, 2019
70
Massapequa, NY
Did you do an inspection before purchasing the home?

Did the problem not exist at the time or did the inspector miss it?

What is the current rate of elevation loss?

You're probably going to need an attorney to advise you about the rights and responsibilities of all parties involved, including the neighbor and the previous owners.

You need an engineer to evaluate the situation and advise you about possible fixes.

The longer you wait the worse it's going to get.

I would think that $40k is low for a good permanent fix.
I feel like it would be easier to fill it and then get another pool installed.
 

JamesW

TFP Expert
Mar 2, 2011
21,129
Probably need to get it fixed sooner than later.

Otherwise, the neighbor is going to get about 25,000 gallons of water dumping in their yard when the wall blows out.

Check with the builder to see what they know.

Go to the local pool companies to find out who the previous owners consulted with about a fix.

The previous owners obviously knew about it. It's a significant material fact that they had a duty to disclose

Also, check with the seller's real estate agent to see what they know. If you ask them direct, they have a duty to tell you.
 
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Poolsnotmygame

Well-known member
Apr 25, 2019
70
Massapequa, NY
Probably need to get it fixed sooner than later.

Otherwise, the neighbor is going to get about 25,000 gallons of water dumping in their yard when the wall blows out.

Check with the builder to see what they know.

Go to the local pool companies to find out who the previous owners consulted with about a fix.

The previous owners obviously knew about it. It's a significant material fact that they had a duty to disclose

Also, check with the seller's real estate agent to see what they know. If you ask them direct, they have a duty to tell you.
Yea they totally knew. Also that realtor will not feel obligated to say anything. She was a horrible human being. I’d like to get this fixed but I’m reaching out to people left and right who don’t respond or promise to come by and ghost. It’s either just busy summer season or no one wants to take on the task. I’m trying a landscaper and paver company now, maybe they’ll have 2 cents to offer.
 

JJ_Tex

Bronze Supporter
Jul 17, 2019
1,732
Prosper, TX (DFW)
We also live on top of a retaining wall. I know that I own the wall and all of the dirt it is holding up, so we had to hire an engineer and put in piers before we built.

I wonder if the previous owners did that? That does not sound like a fun situation for you and there will likely be lawyers involved.
 

Poolsnotmygame

Well-known member
Apr 25, 2019
70
Massapequa, NY
We also live on top of a retaining wall. I know that I own the wall and all of the dirt it is holding up, so we had to hire an engineer and put in piers before we built.

I wonder if the previous owners did that? That does not sound like a fun situation for you and there will likely be lawyers involved.
From the sounds of things I guess. My neighbor told me it was the reason he sold the house. It was definitely a low key not up for disclosure topic for the sellers. I dont know what’s going to happen. I may just cut my losses but I’m just trying to gain some traction on a fix for now.
 

markayash

Gold Supporter
Mar 21, 2016
2,615
Atlanta Ga
From the sounds of things I guess. My neighbor told me it was the reason he sold the house. It was definitely a low key not up for disclosure topic for the sellers. I dont know what’s going to happen. I may just cut my losses but I’m just trying to gain some traction on a fix for now.
God luck, I hate a dishonest seller didn't disclose. I have heard that's illegal but who knows if they can prove and what would happen.
I have james concern, how Bad is it and should you drain it some?
May also be a sink hole, we had one under our driveway where somebody buried tree's and stumps..
 

JamesW

TFP Expert
Mar 2, 2011
21,129
In my opinion, you could prove by a preponderance of the evidence that the seller knew.

I have no doubt that you could find multiple people who would be able to verify that the seller was well aware of the problem.

I think that you could get them to pay if you wanted to.

Just my opinion. For what it's worth.
 
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Poolsnotmygame

Well-known member
Apr 25, 2019
70
Massapequa, NY
In my opinion, you could prove by a preponderance of the evidence that the seller knew.

I have no doubt that you could find multiple people who would be able to verify that the seller was well aware of the problem.

I think that you could get them to pay if you wanted to.

Just my opinion. For what it's worth.
I dont know how much time effort and money that would be on my end though. I have both my adjoining neighbors telling me they knew about it. Even now the sellers are claiming they’ve known nothing about it, but I learned that it was definitely an issue from both my neighbors. I’m sure even more neighbors know about it since they were friendly with a lot of ppl in the neighborhood. Thanks for all the advice tho. I was on reddit and the only advice I was given was to fill the pool and plant grass over it, not very helpful.