the bank accepted our offer, full asking price, and the pool has to be in 100% working condition. There was

Asked by Summer, 89014 Mon Aug 10, 2009

no motor, no water,so after signing the bank wants us to pay for half of the pool repairs. Can they do that? They said they got one quote for $1,500 and they want to get another quote. It has been 2 weeks now. Can they now come back after accepting our offer and make us pay for half? We can't have our home inspection until pool is full, plus there was no thermastat to check to see if air conditioning works. This is a foreclosure, but they accepted our offer with pool stipulation.

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Heather Peck, Home Owner, Las Vegas, NV
Mon Aug 10, 2009
Summer - Did you have an agent help you make this purchase? Have you asked your agent these questions?

Normally when purchasing a home with a pool, your lender (not the selling lender) requires the pool to hold water whether or not there is pool equipment that works or pool equipment at all. If is possible you're confusing lenders. Most financing lenders, who ever you're getting your financing one, is the one making the demand about the pool being repaired.

Also, you can have your home inspection which has nothing to do with whether the pool has water in it or not. However, if there is no power for you to test the A/C, or its just the thermostat that's missing, you need to talk to the home inspector about how to handle testing the system with no thermostat.

Again, your agent should be helping to manage all these issues. They should have advised you this could be a problem when purchasing a bank owned property.

Banks sell houses AS IS, meaning they don't guarantee that anything works and its up to you to do your own due diligence, which is what home inspections are for. You only have so much time in the contract to perform your due diligence, so don't wait on having an inspection. Again, where is your agent?

The only thing the banks usually want to see is if the pool holds water. If it does, they'll usually loan on it. So I don't understand what's with the pool unless its your lender causing you the problem, and if that's the case, you may need to change lenders. Where is your loan officer? This is something they should also be advising you on.

It sounds like you're not getting very good representation, however, you are in escrow so you need to manage what you've got. Call your agent and have them help you with the home inspection issue and the pool. Call your loan officer and find out if its just this lender that's having issues about the pool or if you can change lenders. Remember, you're under time constraints in the contract. You're the client and they should be helping you with these things.

Good luck on your purchase. I hope it works out for you.

Heather Peck
Rosen & Company West
1 vote
, ,
Tue Feb 17, 2015
One can easily argue that a pool that is filled with water is just as much of a liability issue. As a matter of fact a pull that is full maybe more of a liability issue than one that is empty.

It is a very easy argument to make. If the underwriter has a problem with it have him email you a copy of his policy and or guidelines that specifically address an empty pool. As an UNDERWRITER he deals specifically with policies of insurance and or mortgage guidelines. His title by definition means he underwrites, therefore an empty pool must be specifically addressed in his policies of insurance and or mortgage guidelines. If they are not than he can not require. He can only require a pool be filled if it is in his written, written, written guidelines.

I hope this helps. Your realtor should be doing this for you.

I hope this helps. Should you need assistance in the future please let me know.


Becky Cordova
0 votes
Keith Sorem, Agent, Glendale, CA
Mon Aug 10, 2009
An empty pool is a liability issue. The underwriter wants to pool filled with water and working to reduce the risk of a law suit of somebody falling into an empty pool. You need to have someone who has read ALL the paperwork related to this transaction evaluate it. Perhaps the broker of your Realtor?
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