My guess is that the pool was never mentioned.
You may have a problem here. As this is a REO you buy them as is. I would ask the agent about this, did the agent just assume it would be fixed?
The only way to have protected you from any unforeseen repairs, would have been to have the pool inspected at your cost by a professional home inspector.
Hopefully as the others have said, you did have that done. An inspector can not be held liable, but refer to that report and see if there was an indication of a problem. You had a due duligence period for that investigation and if anything negative was found, your agent should have guided you to request that the seller make the repairs. Or at that time you have an opportunity to back out of the contract. Bank owned home sellers (the banks themselves) usually will not make any repairs unless they are required by your lender.
That in turn, takes us back to the appraiser. The likelyhood of the pool not working when that appraiser came through is slim.
At this point, I would make sure that you are talking to a reputable pool repair company before contacting your agent for assistance. Take those steps first before bringing in an attorney. Your only true recourse there will be if your agent did something wrong.
If you need any further assistance, I'd be happy to talk with you more about it.
I can envision a scenario where you do have recourse but not through the normal contract process. There is little recourse if thes was an REO. Seek the consultation of a good real estate attorney knowledgeable in FHA loans and disclosures to discuss this exact scenario. I believe it will be worth the trip.
Have you had your Realtor call the listing agent to see if the they or bank had a pool professional do anything other than fill the pool? If so, they may be willing to contact the pool company if there was some kind of warranty on their work.
I think you've just reminded everyone to have the swimming pool inspected during their inspection period. The pool filter should have been working when your FHA appraiser came out. But it may have been working just fine at that time.
Sadly it may come back on you to have had a professional pool inspection during your inspection period. Did you get a home warranty that includes coverage for the pool? Talk to your Realtor and see what they have to say. And please get a second opinion from another pool company.
I am not much help here but I do wish you the very best of luck.
Nevertheless, unless you have written agreement from the seller for repairs, or a credit for same, I think you are out of luck. Bank owned properties are sold â€œas isâ€ and lender/sellers rarely make repairs.
If you broker told you that the seller would repair the pool, did you get it from him in writing. If not, do you have any other proof that he said that?
Yes, you could go to an attorney, but what proof would you bring to the attorney to substantiate your claim? I hope that you were not simply victimized by an unscrupulous broker.