Legal Question in Real Estate Law in Arizona

Pool filled or not?

We are selling our home ''as is'' we drained the pool prior to moving out. The buyers are purchasing it with a VA loan. Is it required that the pool be filled during inspection period? Thank you!


Asked on 7/17/08, 5:47 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Pool filled or not?

That is really more of a question for a loan broker who works in VA lending. I can tell you from my experience that VA lending is similar to FHA in which there is no such thing as an "AS IS" sale. Similarly, in California, if you are selling a single family home, there is no such thing as "AS IS". As a part of the appraisal, FHA loans generally note any conditions which require repair and/or a property inspection is done, and a list of necessary repairs generated as a condition to funding the loan. A drained pool will definitely be a red flag, as they will most likely want to see if the pool pump, heater, filter, electrical and plumbing are functioning correctly. That cannot be verified without water. Check with a loan broker who works with VA lending to verify my understanding that they will generate a list of necessary repairs.

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Answered on 7/17/08, 7:09 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Pool filled or not?

No. Unless the lender requires it before approving the VA loan.

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Answered on 7/19/08, 2:45 pm


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