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Socal Shopper, Home Buyer in Riverside County, CA

if a short sale is advertised and represented as having a pool and when it is inspected it turns out that the pool has been non functional and empty

Asked by Socal Shopper, Riverside County, CA Thu Jan 7, 2010

scence at least 03 (prior to the current owners purchase) is there any recourse (tens of thousands to repair)

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This is why you have a professional inspection done. It's completely your option to go forward or not depending on what you find out about the pool after having it inspected. If you are within your due diligence time frame you may have as many inspections as you like and decided if you want to proceed or not, again before your due diligence period is completed.

I just looked at the listing and it does show a pool full of water. I'm curious to know if you have seen the home, or are just going by the information of previous sales listed on Trulia.

Agents, should post current pictures on their listings. Also, the seller, if they have lived in the property is obligated to disclose all known facts on the Transfer Disclosure Statement.
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0 votes Thank Flag Link Thu Jan 7, 2010
Socal -
I agree that you should contact a real estate attorney. But here is the thing. These sellers are selling their house for less money they owe on it. Most likely, they do not have the money to come out of pocket and repair the pool. Additionally, their lienholders will most likely not approve that repair. I would say that your recourse is to walk away from this transaction and find a house that has a fully functional pool. Yes, there seem to be disclosure issues here, but if you end up suing them, you probably will get nothing - they have no money.
We have represented buyers in short sales where this kind of thing happens. Our buyers have walked away and have ended up with a much better house in the long run. Good luck!
0 votes Thank Flag Link Thu Jan 7, 2010
No. Recourse from whom? There is a pool.

Not unless the seller knew that the pool equipment did not work and did not disclose that fact.

Was it disclosed to the seller when they purchased the home? Had they had the pool inspected and known the condition prior to selling the home? Seller's must disclose any and everything "they know" is wrong with the property. Please read through all of the disclosures provided to you from the sellers. They may have noted that they did not know if the pool was in good working order since they never used it.

Always get your inspections done during your inspection period as agreed to on the purchase agreement.

If you feel that the seller committed fraud you should speak to a real estate attorney.
0 votes Thank Flag Link Thu Jan 7, 2010
Still has a pool. Even if not functioning, it would be up to the buyer to inspect and the seller to disclose. The Buyer would have to make a decision prior to completing the sale if the did not want to complete the sale. Since the condition would seem obvious, even without proper disclosure, the buyer would have little future recourse even if the condition was not pointed out. "Caveat emptor". A competent real estate attorney could offer legal advice but, would seem that there is little damage to a potential buyer. If the pool was made to appear functioning, that would be a different story. Good luck in any case.
0 votes Thank Flag Link Thu Jan 7, 2010
The real issue is the disclosure to the buyer from the seller. If the property has a pool, then it has a pool. However, it should be disclosed by the seller that it has not been operated for 7 years. This should, ideally, be done in the listing, but at the very least should be highlighted in the disclosures from the seller. You, as the buyer should also be sure to get a home inspection during escrow and determine the cost to repair the pool, if it is something you are willing to deal with.
If you already closed the transaction and now have a home with a non-working pool, then you should speak to an attorney so that s/he can help you establish whether it was disclosed to you during escrow or whether you should have had it inspected on your own.

Good Luck,
0 votes Thank Flag Link Thu Jan 7, 2010
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