Legal Question in Real Estate Law in California
post purchase pool leak
We purchased our home in October 2003. Since we bought it, we have had to top it up every second day with water, as it seemed to lose water daily. We have had numerous procedures carried out on the pool by a professional to find the source. They have now said we need a full inspection, as they suspect a leak somewhere in the pipes. The inspection is about $300 and the repair can be very, very expensive.
Can I claim against the previous owner for non-disclosure (it is not as if it started leaking the very day we moved in!).
What proof would I need.
We have already found one non-disclosure of a leaking window, which he had tried to hide and repair himself.
2 Answers from Attorneys
Re: post purchase pool leak
You apparently have some serious problems and you are correct, this is something the former owner knew or should have known and therefore, disclosed to you. This is part of the practice our office handles. Be happy to speak with you. Don Holben. 800-685-6950
Re: post purchase pool leak
Did you have an inspection of the pool prior to closing the purchase? If not, why not?
The burden of proof will be on you to establish that 1, the seller was aware of the problem (or should have been aware), and 2, that they did not disclose it to you.
Dit you get a home warrantee when you purchased the property? If so, was the pool included?
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