Hello! We bought a house with an in ground pool last year in January in Texas. The Sellers stated there were no problems with the pool. We had to do some renovations to the house before moving in and we were out of town. The freeze hit in February and when we came back finally to inspect, the water level had gone down significantly in the pool. I thought it was due to the freeze causing damage. Turns out the pool repair company said the issues were there BEFORE the freeze. The Seller said they had replastered the year before. Do these images show a pool that had been replastered less than a year?
What are these lines?
- Thread starter Melissa2022
- Start date
-
- Tags
- cracks replastering
Ask them to provide all information they have related to the pool including whatever issues they are referring to.
Ask for a copy of the invoice and the name of the replastering company.
We actually have taken the Seller to court and suing them for the cost of all the repairs we've had to do. In all we found 9 leaks in total - during a period of 6 months. We replastered the pool, but the water kept leaking regardless. Turns out that the hot tub, which seats on a higher level, is pulling away from the rest of the pool and basically, this pool is cracking in half.
I really just wanted to know if these images show a pool that had been replastered less than a year before, as the Sellers claim.
No, we replastered, but the leaks continued. We have taken the Seller to court - and I want to dispute their claim that they had the pool replastered the year before selling the house. According to them, they do NOT have an invoice for the pool replastering because they paid cash, so no receipt, no invoice and no guarantee of any kind. Does this look like a pool that had been recently replastered?
And they claim they have no invoice for the replaster job because they paid cash, and so no invoice, no receipt, no proof of anything - except the name of the company that they hired.
BigPapaSmurf
Well-known member
Paying for something in cash never excuses not receiving a receipt, invoice, or guarante. That “excuse” will never hold up in a court of law. I assume you have proof that they claimed the pool was replastered. Have you reached out the company that supposedly did it to see if they have paperwork? You can’t really look at plaster to determine how old it is. Plaster will breakdown quicker if the pools chemicals were not maintained properly or the proper new plaster start up process was not followed. Good luck.
Thank you - I actually called the company that supposedly did the replaster, but they won't return my calls. This company doesn't even have a website, just a facebook profile. They won't want to admit in court that they avoided paying taxed on a job.
BigPapaSmurf
Well-known member
Bingo. Looks like you headed down the road of lawsuit. I believe Texas has some nice laws to protect you, the buyer, from being defrauded by the seller. Did they / you use a real estate agent?
They used a real estate agent - and the Seller herself is a real estate agent! If anyone knows what to have put in a Seller's Disclosure, it would have been her.
darkrider
Well-known member
- Jun 14, 2021
- 289
- Pool Size
- 27000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Jandy Aquapure 1400
If they did a replaster, it was likely a skim coat rather than a full chip out and replaster. I'm curious where the leaks were found? The water level seems pretty low, and I don't see obvious shell defects. Does it continue to leak below this level or is water level holding constant at this level?
BigPapaSmurf
Well-known member
kul
Bronze Supporter
- Oct 1, 2021
- 1,341
- Pool Size
- 15000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-60
What a nightmare! I hope this resolves in your favor. Here in CA I was told by my agent that the homes are technically sold “as is” and that the inspection is all you really get. So then you have to go to the inspector if you discover large issues that they should have picked up as the seller is not responsible for anything once the sale goes through. Sorry you are going through this.
- Nov 7, 2018
- 1,049
- Pool Size
- 14000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
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.
- Nov 7, 2018
- 1,049
- Pool Size
- 14000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
Yeah. This is NOT the case in Texas. My wife was a RE broker there for years and can tell lots of stories about agents/brokers getting hemmed up by TREC for doing shady things like this.
Toxophilite
Silver Supporter
Any property I've sold I have always made sure this box is checked on the TREC form. It's not a total absolution of responsibility, but it puts more the onus on the buyer before the sale is finalized.
D. ACCEPTANCE OF PROPERTY CONDITION: “As Is” means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer’s agreement to accept the Property As Is under Paragraph
7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating repairs or treatments in a subsequent amendment, or from terminating this
contract during the Option Period, if any.
(Check one box only)
____ (1) Buyer accepts the Property As Is.
____ (2) Buyer accepts the Property As Is provided Seller, at Seller’s expense, shall complete the
following specific repairs and treatments:
(Do not insert general phrases, such as “subject to inspections” that do not identify specific
repairs and treatments.)
D. ACCEPTANCE OF PROPERTY CONDITION: “As Is” means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer’s agreement to accept the Property As Is under Paragraph
7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating repairs or treatments in a subsequent amendment, or from terminating this
contract during the Option Period, if any.
(Check one box only)
____ (1) Buyer accepts the Property As Is.
____ (2) Buyer accepts the Property As Is provided Seller, at Seller’s expense, shall complete the
following specific repairs and treatments:
(Do not insert general phrases, such as “subject to inspections” that do not identify specific
repairs and treatments.)
The only way to tell for sure if it was replastered is to do a core drill and look at the sample to see how many layers of plaster there are.
You can get a 1" diameter diamond core drill bit at Home Depot to get a core sample to see how many layers of plaster there are.
In any case, the seller is the one making claims of replastering and they are responsible for proving that it was done more than you are responsible for proving it was not done.
This is a core sample showing two layers of plaster and then the concrete shell below.
The two layers are slightly different enough to distinguish the separate layers.
You only need to go about 1 to 2" deep to get a useful sample.
This assumes that they plastered over the existing layer vs. removing the existing layer before replastering.
Ask if the existing plaster was removed (Full chip out) or if the replaster was done over the existing layer.
Did you have a home or pool inspection before buying the home?
The two layers are slightly different enough to distinguish the separate layers.
You only need to go about 1 to 2" deep to get a useful sample.
This assumes that they plastered over the existing layer vs. removing the existing layer before replastering.
Ask if the existing plaster was removed (Full chip out) or if the replaster was done over the existing layer.
Did you have a home or pool inspection before buying the home?
For a court case, you really need a qualified expert to be able to give expert testimony about whatever it is that you are trying to prove.
Do you have any proposals from any pool companies to get the pool back to 100% working condition?
Thank you - the leaks were found in various places, beginning with a huge crack running along the bottom of the pool, skimmers, jets, lights, you name it!
