Legal Question in Real Estate Law in California

Home purchash with faulty pool

I bought my home approx. 3 years ago. When I bought the pool I expressed concern about the pool and had a home owner policy at the time. Now I have found out that the pool is seriously cracked and that it is a pre exisiting condition. It is estimated to be 15000.00 dollars to repair the pool. Do I have any recousre?

--name removed--Boyd


Asked on 7/02/03, 11:10 pm

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: Home purchash with faulty pool

Probably not. The fact that you expressed concerns at the time of purchase can work against you, in that you were worried or suspected something and thus were put on notice to make as thorough an inspection as possible to satisfy yourself as to the pool's condition before going through with the purchase--that would likely defeat any suit you might bring. In addtion, three years is a long time, and if cracks are only now surfacing, the seller had no reason to know, either. The plus side is that whatever you paid for the hosue, it has likely appreciated in value and interest rates are so low, you may just be better off getting a home equity line and reparing it. Make sure your contractor gives a warranty.

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Answered on 7/03/03, 12:08 pm


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