We have two proposals and we have established by speaking to these two pool companies that the base of the spa is pulling away and cracking the pool in two. In the image you can see the tilt. This did not happen overnight - but rather has been pulling away slowly through the years.
What are these lines?
- Thread starter Melissa2022
- Start date
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- Tags
- cracks replastering
Make sure that the ground water is not too high or the pool can pop out of the ground.
Thank you! The reality is, all the Seller had to do was state that there were issues - and it was up to us to buy the property or not. But they lied and have refused to produce water bills for the last 5 years - even though they can easily be requested from the City.
Part of the issue is what did the seller know and what were they obligated to disclose that they did not disclose.
Proving those things will be difficult.
Proving those things will be difficult.
I have all the details on the Seller's real estate license, and if we win in court, I will definitely report her. We feel completely bamboozled!Ah, more remedies available for you! If I was in your position, I would certainly contact TREC (Texas Real Estate Commission). I have dealt with them in regards some legal work I was doing and they don't take kindly to their agents (and especially brokers) lying. I would also seek out the broker (or the agent if they are also the broker) and ask about errors/omissions claims/insurance. I am not licensed in Texas, so this is NOT legal advice.
Thank you! I'm finally getting an idea of what they had done to the pool - which was basically cosmetic. We had the house inspected and we did not have the pool inspected. The Seller stated in their Disclosure that the heat pump for the pool was broken but everything else, including the pool was in working condition. ALSO, the Seller is a realtor, so we felt there was an added level of responsibility in telling the truth in the Disclosure, because this could cost her her license. We were wrong.
Did the inspection report include or exclude the pool?
Did the home inspector recommend a separate pool inspection?
What is the total price?
What is included in the proposals?
The inspection did not include the pool - and I realize after having three different pool leak specialists come out (after we did our own replaster) that it would have been impossible with one inspection to note all the leaks. The proposals included removing the wall where the spa is, rebuilding that wall (basically getting rid of the spa), replaster and deck work because the deck is all warped from the pull of the spa. Estimates are up to 100K for the complete job. This has been a disaster - and I hope we win in court!
- Nov 7, 2018
- 1,049
- Pool Size
- 14000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
I would do it anyway. It *could* also help YOUR lawsuit. Just sayin'
- Nov 7, 2018
- 1,049
- Pool Size
- 14000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
That's all well and dandy, but doesn't cover a material misrepresentation by the seller (who as an agent KNOWS or should have known better). Some would call that...FRAUD and the TREC boilerplate contract ain't gonna help.
Orion7319
Bronze Supporter
- Jul 1, 2020
- 1,442
- Pool Size
- 19775
- Surface
- Vinyl
- Chlorine
- Salt Water Generator
- SWG Type
- Hayward Aqua Rite (T-15)
I don’t have any faith in home inspections after some of my experiences. First house we bought, there was a crack in the foundation. Inspector swore up and down that it was just cosmetic… 6 helical piers and $13k later the house was in no danger of collapsing. The house we have now we paid for a pool inspection. Inspector said pool was fine. Later discovered that it needed a new liner and the fiberglass stairs needed to be replaced, the electrical wasn’t right and the filter leaked. So again $13k later (don’t know why it’s always $13k with us) pool is awesome. My experience with home inspectors is that they usually find stupid easy to fix stuff that just stresses people out for no particular reason, but will miss the really important stuff.
Toxophilite
Silver Supporter
I sell lots of estate property and can make no warranty, no prior knowledge, so make no warranty. Fraud and misrepresentation comes into play when a seller hides something on the disclosure, if one is used. So, if I make no warranty, and disclose no issues, then it all gets back to what I knew. With property I have never owned, it would be hard case to make that I committed fraud. With this case in hand, sounds like that's what is trying to prove, prior knowledge, and may very well can, hopefully. But, I will reiterate, to contractually state that you make no warranty and its agreed, it puts more onus is on the buyer than the seller come dispute.
Last edited:
kul
Bronze Supporter
- Oct 1, 2021
- 1,434
- Pool Size
- 15000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-60
Sounds like if seller isn’t readily providing you with the information you are requesting, there’s something fishy going on. Ugh. So frustrating. Keep us posted on how this resolves.
- Nov 7, 2018
- 1,049
- Pool Size
- 14000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
All true, but from what the OP has posted, it appears that the seller made a material misrepresentation. Nonetheless, what a mess!!! Unfortunately, this is a great example as to why a through pool inspection is a must when buying property with one.
Toxophilite
Silver Supporter
Did anyone say this can be fixed? while saving the spa. I'm asking out of curiosity, not trying to give you anything more to stress about. I'm new to pool ownership and stuff like this is what keeps me up at night myself
Leave them a message on voicemail, text and any other way that they can cooperate or you can have the court issue a subpoena to make them answer.
You can also file complaints with the city and state consumer protection agencies and the city and state business and contractor licensing boards if they choose not to cooperate with your requests for information.
If the seller really did have the pool plastered, they would have something to prove their story like a cancelled check, receipt, a withdrawal receipt for cash from their bank, emails pictures or something.
Probably the spa can be saved if some sort of extra support is added to stop it from leaning - but I don't even want to imagine what that would cost!
And I would add getting copies of the water bills. These would show if extreme amounts of water were consumed - which is what happened in my case! Had we asked for copies of water bills, we would have noted summer months with beyond excessive water usage, for a home with two adults. They were basically refilling the pool, instead of repairing the pool (i'm talking one month 96,000 gallons of water). And during the months they no longer lived in the house - thousands and thousands of gallons of water (for an empty house!).