Home Buying in 92507>Question Details

Ahernandez3_…, Home Buyer in 92507

Hi, I recently bought a home under an FHA loan. According to what my broker told me, the bank (bank owned) would repair the pool in order for to

Asked by Ahernandez3_86, 92507 Wed Mar 3, 2010

be in working condition. By the time I got the house, the pool was dirty, so I called a pool service company to come and take a look at it. After a look, they drained it and notice that the pool was in the worst condition it can be. The light was not even working. The wires were improperly hanging. The filter was not working. The repair according to different estimates range between 4000 - 8000. Is there anything I can possibly do? Technically, the home was not in living condition. Any advice is greatly appreciated.

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Did you submit a request for repairs to the lender? And do you have anything in writing that says they agreed to do the repairs? You may want to refer back to your paperwork and double check. Check back with your broker and see if he can straighten things out for you. If not you may want to speak to an attorney to see what your options are if any.
1 vote Thank Flag Link Wed Mar 3, 2010
Was the pool repair made part of the offer? Why was it not done prior to closing? Is there a repair escrow at the escrow?

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?
0 votes Thank Flag Link Tue Aug 20, 2013
With an FHA loan, the pool should be in working order. Problem is that it is up to the appraiser to ensure the lender (your lender) that the pool is working. Really all that means is that the water is clean and clear. It would be nice if they at least would run the filtration system, but if the water looks good, they will most likely call it good. Keep in mind that it won't take long for a non functioning pool's water to turn green.
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.
0 votes Thank Flag Link Mon Mar 15, 2010
Ahernandez,

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.
Web Reference: http://bob2sell.com
0 votes Thank Flag Link Thu Mar 4, 2010
If you already closed, your only chance is if everything wa sin writing what they would or would not do. First in most cases pools are not repaired, the appraiser will note if there is a safety hazzard but does not report to fha the pool is working or not working. Next your purchased the property as is, so if the bank was to fix anything, it would have had to come in writing in a request to do so. Then you will need that form signed by the bank agreeing to do so. Your buyer broker should have assisted you with all of these items and be helping you know. If you didnt have a buyer broker, you may want to meet with an attorney who can review all of your docs to see if you have a case. good luck in working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Thu Mar 4, 2010
Wow! I hate to hear things like this. Just to re-fill the pool is going to be expensive.

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.
0 votes Thank Flag Link Wed Mar 3, 2010
I hope that you have something in writing to prove your claim that your broker told you the pool would be repaired. I hope you have the written agreement of the seller to do those repairs. It does not appear that you did a pool inspection prior to closing on this purchase despite the fact that you could see that the pool needed work. Did you do other inspections?

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 “as is” 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.
0 votes Thank Flag Link Wed Mar 3, 2010
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