Evaporation is not a leak. You will only know if you have a true leak by having a leak detection company inspect the pool. They should actually be able to find the exact location of the leak as well.
A pool inspector is not going to know unless he runs the equipment and sees something leaking.
If the buyer had the opportunity to do all the inspections they wanted and you were truthful about your disclosures, there is not much more to talk about. Just to be safe; you might want to review everything once again with your agent regarding the pool and consult with a sharp real estate attorney (as already suggested here). Pools are not as easy to understand as people think. Then again; if your water bill was $200+ a month and you were constantly filling the pool . . .
Mark Burns, Realtor
Coldwell Banker Elite - Top 1% Worldwide
DRE #00896552 Licensed since 1985
Over 600 Homes Sold in Silicon Valley
It's unfortunate, but inspectors CAN'T see everything and often don't, but inspections are still very useful. Things like this happen and this is why hiring an agent is a MASSIVE help - all the disclosure documentation, purchase contracts, and agent guidance helps protect you in situations like this.
Sorry to hear of your problem. If you bought pool coverage with the home warranty has homeowners with pool normally do then send them to the warranty company. The fact is you disclosed and they inspected. If anything they should sue the inspector for not doing a good job. If a trained inspector "couldn't have seen" it... how could you? But again as stated by few of my colleagues, "we are not real estate lawyers and can't consult on legal matters."
You can only disclose what you know. If you truly did not know or suspect, you could not disclose. Doesn't sound like they did an actual pool inspection? I agree with others, that it is best to consult with an attorney.
This may have become a situation with people trying to put the responsibility of the issue on to 'someone'. To protect yourself I suggest that you seek a real estate attorney as soon as possible and not try to work this out yourself. Most Home Warranty Plans do NOT cover pool leaks, they mostly cover equipment. If you need a recomendation for an attorney your agent should know of one or feel free to call me, 408-656-6096 or email me at: Irene@Irene-Claudia.com.
This is a tough one. Obviously, the agent does not have a good command of English language. Water loss because of evaporation should not be considered a leak in the pool. However, depending on the age of your pool and condition, there is always a possibility that there is a water leak.
Which agent is making this statement? Your or the buyer's agent?
Most of us on this blog are Realtors & Brokers. We were not party to your transaction and are not aware of all the details about your contract as well as any potential issues with your house. We are also not attorneys or Contractors. As such, it is not possible for me to answer this question accurately. It appears that you may have done everything correctly.
You can always talk to your agent (or if your agent is making this claim, to their Broker). Also, you may want to talk to a good attorney who specializes in Real Estate. You can do so right now, or you can see if the buyer is going to push the issue. In case you decide to talk to an attorney, here is one of the best Real Estate Attorney's in Santa Clara Valley:
Rossi, Hamerslough, Reischl & Chuck
1960 The Alameda, Suite 200
San Jose, CA 95126
Fax: (408) 261-4292
"Evaporation" and "leak" are two very different situations: evaporation is a natural occurence with any pool whereas a leak is a problem (maybe you mean, "...because the water level decreased").
If you were represented by an agent, tell your agent about this so that you can both document your files.
You didn't indicate if the buyer is making a claim against you. If the buyer or buyer's agent is contacting you to complain, refer them to your agent. In order to successfully make a claim against you, it is usually up to the buyer to prove you knew about it and did not disclose it. Wait to see what happens; if it progresses any further, talk to your agent and get referrals to some real estate attorneys.