No the Seller can not be held accountable for an issue they were unaware of. If you think they were not telling the truth you have to prove somehow they were aware of the issue. It is very important to have a quality home inspector, roof inspector or any other needed inspector look throughout the home. You have to trust that the seller is telling you all they know, but it's really up to the buyer to get the proper inspections to verify the condition of the home.
If the home and pest inspectors couldn't find the leakage how would the home owner have know?... more
Before you run out and get an attorney check in with your Realtor first. Was it your Realtor or the Listing Agent that said no? It may be a wrong answer but it doesn't mean the agent knew of a leak. It should have been looked into with an pool inspector further if there was a question about why they were adding water. Maybe the the leak was fixed buy another pool company, Maybe ABC pools found the leak and wanted to charge too much to fix it and Seller hired another company to do the repairs. Either way the Seller still needs to disclose that the repair was made or they were aware of the leak but did not have it repaired. You have proof the Seller knew of a leak but I'm sure you just want the pool repaired. If the leak was done by another company and was not repaired correctly, is under warranty? Did you get a home warranty with pool coverage? Let them fix it and go after the Sellers so you don't deal with the headache. The brokerage will get involved and hopefully resolve it somehow with the Sellers before you get into a legal battle.
Sorry about your troubles and I hope it gets resolved quickly and easily.... more