Seller not responding to a pool inspection
Member since 2023 · 11 posts · 0 votes
We put an offer on the house which has a pool. The offer was accepted. Home inspection was done and the seller agreed to fix few basic things. Septic inspection failed and the seller agreed to fix that. The pool inspection was done and that turned out to be a disaster. The pool was in a bad shape. None of the pool equipments work. The pool is delaminating and needs a renovation. The fencing around the house also needs major repairs. The cost estimate is upwards of 70K. The seller is not responding to our request to get the pool fixed. Its been more than 2 weeks. I have already paid the Ernest money which is 5% of the home cost. Can we force the seller to respond and pull the offer if they do not respond or keep delaying? What is the time line for them to respond?
Well I would have to say that the pool delaminating and needs a renovation were visually obvious when you looked at the house . The same with the fence . You are not buying a brand new home . You need to refer to your contract . The main component of the pool equipment is the pump , they are not that expensive . And naturally if it doesnt work you cant check anything else . Could be as simple as turning on a breaker .
As a seller if I didnt refinish the pool while I was living there , I certainly wouldnt drop $70 K to refinish it to sell the house
Read your contract .
What does your contract state as far as repairs and timeline to reply? Your agent should be helping you navigate this.
You need to get clear on your timeline. You can't let them drag this out indefinitely. Second, you need to be prepared to walk away if the seller doesn't meet your demands. You don't want to be stuck with a money pit of a property that's going to cost you a fortune to fix up. Depending on your state and the contract, you may have different contingencies that have to be met in order to close. Get with your realtor and discuss with them what your options are.
Well I would have to say that the pool delaminating and needs a renovation were visually obvious when you looked at the house . The same with the fence . You are not buying a brand new home . You need to refer to your contract . The main component of the pool equipment is the pump , they are not that expensive . And naturally if it doesnt work you cant check anything else . Could be as simple as turning on a breaker .
As a seller if I didnt refinish the pool while I was living there , I certainly wouldnt drop $70 K to refinish it to sell the house
Read your contract .
Received a response from the seller saying "They will do their own inspection to determine the pool condition and repair expense". No timeline was provided. I have rejected this and have demanded that they respond with a Yes or No to the initial request.
The sellers attorney is saying that "there is no mandatory timeline for a response to be provided to Buyers". The contract does not mention any timeline for a response. It only states the closing date. Not sure if this is normal.
For reference, the property is in New Jersey.
Hey Venkat Tarakad,
I would assume that no response is a "No". If I were you, I would ask myself if I am okay with purchasing this property with the pool & fence in As-Is condition? If not, look to see if you can back out of the contract and get your deposit back.
I am not OK to buy the property as is as we offered above asking price. I am looking to get out of the contract and get my deposit back. Will update on how it goes.
The sellers attorney is saying that "there is no mandatory timeline for a response to be provided to Buyers". The contract does not mention any timeline for a response. It only states the closing date. Not sure if this is normal.
Sounds like you need a new real estate agent, they should be helping you navigate this whole situation. You are asking for a $70k credit for the pool, of course the seller is going to do their own inspection before responding. Also, a 5% earnest payment is very high, you risk losing a lot of money if you back out past the inspection period.
The sellers attorney is saying that "there is no mandatory timeline for a response to be provided to Buyers". The contract does not mention any timeline for a response. It only states the closing date. Not sure if this is normal.
Closing date is approximately a month away. Will see how the negotiation goes.
Sounds like you need a new real estate agent, they should be helping you navigate this whole situation. You are asking for a $70k credit for the pool, of course the seller is going to do their own inspection before responding. Also, a 5% earnest payment is very high, you risk losing a lot of money if you back out past the inspection period.
The contract clearly says the sale is contingent on a successful pool inspection. If the sellers are not fixing the pool, they are free to get out of the contract. What is not acceptable is dragging their feet and wasting everyone's time. Real Estate agent is out of the picture now. Its all attorneys at this point.
Sounds like you need a new real estate agent, they should be helping you navigate this whole situation. You are asking for a $70k credit for the pool, of course the seller is going to do their own inspection before responding. Also, a 5% earnest payment is very high, you risk losing a lot of money if you back out past the inspection period.
The contract clearly says the sale is contingent on a successful pool inspection. If the sellers are not fixing the pool, they are free to get out of the contract. What is not acceptable is dragging their feet and wasting everyone's time. Real Estate agent is out of the picture now. Its all attorneys at this point.
" successfull pool inspection " That is a very subjective term . Your pool inspector will come out and say the pool needs all this work ( hoping he gets the job ) Now the seller will get a pool inspection that gets the pump working and patches some bad spots . So now the pool is functional .
Dont hold your breath thinking the seller is going to spend 70 thousand dollars to upgrade the pool to new condition . The same with the fence , it will get patched . Both items were visible when you the buyer looked at the house
Sounds like you need a new real estate agent, they should be helping you navigate this whole situation. You are asking for a $70k credit for the pool, of course the seller is going to do their own inspection before responding. Also, a 5% earnest payment is very high, you risk losing a lot of money if you back out past the inspection period.
The contract clearly says the sale is contingent on a successful pool inspection. If the sellers are not fixing the pool, they are free to get out of the contract. What is not acceptable is dragging their feet and wasting everyone's time. Real Estate agent is out of the picture now. Its all attorneys at this point.
" successfull pool inspection " That is a very subjective term . Your pool inspector will come out and say the pool needs all this work ( hoping he gets the job ) Now the seller will get a pool inspection that gets the pump working and patches some bad spots . So now the pool is functional .
Dont hold your breath thinking the seller is going to spend 70 thousand dollars to upgrade the pool to new condition . The same with the fence , it will get patched . Both items were visible when you the buyer looked at the house
If we don't agree, the deal is off, as simple as that. The sellers have neglected the pool. The water was green and the pool was covered for the winter when we initially toured the house. The pool inspector only does inspection and does not fix anything so no conflict of interest there.
@Venkat Tarakad A seller is not required to respond to Any repair request/concession after contract execution. You can take no response as a no. You have specific deadlines that You must follow to use your inspection contingency. You need to assume the seller is not going to repair….and proceed accordingly…buy as is or terminate the contract.
@Venkat Tarakad A seller is not required to respond to Any repair request/concession after contract execution. You can take no response as a no. You have specific deadlines that You must follow to use your inspection contingency. You need to assume the seller is not going to repair….and proceed accordingly…buy as is or terminate the contract.
Agree and hence I am prepared to walk away. It was the delay from the seller in responding to the request that was annoying.
Is this a solid gold pool? Re-plastering a “destroyed” pool is $5-7k. New pool equipment is $3k for a pump and filter? Let’s say they spent that $10k. You don’t think they could charge more listing the property with all new pool equipment and freshly re-plastered? They might get an extra $5k or more. I guess you could ask for $5k off if the pool really looked perfect when you walked it. You aren’t supposed to “discover” things with your inspection that can’t be seen by anyone walking the property.
Is this a solid gold pool? Re-plastering a “destroyed” pool is $5-7k. New pool equipment is $3k for a pump and filter? Let’s say they spent that $10k. You don’t think they could charge more listing the property with all new pool equipment and freshly re-plastered? They might get an extra $5k or more. I guess you could ask for $5k off if the pool really looked perfect when you walked it. You aren’t supposed to “discover” things with your inspection that can’t be seen by anyone walking the property.
We have bid significantly above asking price for the property. The property is 30 years old and I am guessing the pool is too. If things could be discovered by anyone walking the property then I guess there is no need to hire a licensed professional to inspect anything. I would rather hire you to walk the property.
Excerpt from the report:
The plaster finish in both the pool and spa were showing signs of delamination, staining, wear and age. The average lifespan for the plaster finish is 10 years.
Additionally, the concrete patio and spa coping has significant damage and is delaminating in multiple areas. The coping and patio need to be replaced as well.
Approx. cost to renovate the pool - $30,000.00 - $40,000.00 (not including the patio)
That’s still an INSANELY high quote, probably twice what it would really cost. That’s just butt covering. But I do apologize. I got the impression the pool quote was $70k. They’d be farther ahead just ripping it all out. Especially in NJ.
It’s like when you pay for an inspection and in 5 different places it says you should contact an expert. (Heating cooling roofing foundation driveway septic solar etc etc.). You know what an inspection’s worth when they are NEVER held responsible for missing something, even something out in the open you can see.
Walk away and look for something else. You wouldn’t drop your price $70k if you were the seller and neither will they.
I take that back, they may. if it’s 5-10% of the selling price (say $700k-$1m) and you bid 5-10% over asking so they net the asking price. I don’t think you mentioned the asking price or how much over asking you offered. (Ps offering over asking and then asking for closing credits isn’t offering over asking, so hopefully that’s not what you meant.)
@Bill B. I agree with you but it will be at the top of the range or more in NJ for replastering and often pools would still have winter covers at this time so he might not have been able to see it but 70k is excessive! And fencing he could easily see so that cost should have been considered in the offer.
@Venkat Tarakad if you want to get out of the contract talk to the lawyer. Isn't there some time is of the essence clause. I doubt the sellers are doing 70k of work. For that price they could fill and re-landscape the yard and still get as much for house. Pools although nice to have don't generally add to sell price in NJ. you can only use them like 3 months. Grew up there and still have lots of family with pools there.
The 70K estimate is coming from 3 items.
1.) Fencing around the house (There is no fence around the pool). Fencing in the back is completely broken with vegetation destroying most of it. The owners have practically neglected it and let the vegetation destroy it. Around 300 feet of fencing needs replacement.
2.) Pool plaster and pool patio.
3.) Pool equipment (None are working)
Not to mention, the water is green and filthy with zero visibility underneath.
I doubt any buyer will buy a house with a fixer upper pool. Pool adds around 150-200K of value to a house post covid.
The 70K estimate is coming from 3 items.
1.) Fencing around the house (There is no fence around the pool). Fencing in the back is completely broken with vegetation destroying most of it. The owners have practically neglected it and let the vegetation destroy it. Around 300 feet of fencing needs replacement.
2.) Pool plaster and pool patio.
3.) Pool equipment (None are working)
Not to mention, the water is green and filthy with zero visibility underneath.
I doubt any buyer will buy a house with a fixer upper pool. Pool adds around 150-200K of value to a house post covid.
Just so you are aware for your next offer, pools turn green every time you close them for the winter. The filter running and chemicals are what keeps them clear. (Source: I own an inground pool and have it professionally closed and opened every year). Also, unless you are buying in the luxury multi million dollar price point, pools do not add 150-200k in property value anywhere in the US. More like 10k at best. (Source: my wife is a realtor…and in the top 7 agents in her office of 700+). Best of luck with your home search!
Then you should definitely look for the identical home without a pool for $200k less. You can definitely add your own new pool for waaay less than that but I think you’d lose 90% of the pool cost, maybe more
Pools add almost zero value in vegas where we can use them year round. As a pool owner I am specifically only looking at non-pool homes for next property. The maintenance, chemicals, and even electricity these days is getting insane. I would actually pay less for the same home with a pool.
You still haven’t said how much this property was listed for or what you offered. If you offered $70k over ask on a $700k+ property there’s a tiny chance they’ll work with you. Otherwise, get your money back, move on and find the $200k cheaper property. If the market is anything like MN or Vegas, get an offer accepted before there’s even a hint of lower rates or you’re going to be paying more prices are already rising here. Inventory is drying up and days on market going down.
The 70K estimate is coming from 3 items.
1.) Fencing around the house (There is no fence around the pool). Fencing in the back is completely broken with vegetation destroying most of it. The owners have practically neglected it and let the vegetation destroy it. Around 300 feet of fencing needs replacement.
2.) Pool plaster and pool patio.
3.) Pool equipment (None are working)
Not to mention, the water is green and filthy with zero visibility underneath.
I doubt any buyer will buy a house with a fixer upper pool. Pool adds around 150-200K of value to a house post covid.
Just so you are aware for your next offer, pools turn green every time you close them for the winter. The filter running and chemicals are what keeps them clear. (Source: I own an inground pool and have it professionally closed and opened every year). Also, unless you are buying in the luxury multi million dollar price point, pools do not add 150-200k in property value anywhere in the US. More like 10k at best. (Source: my wife is a realtor…and in the top 7 agents in her office of 700+). Best of luck with your home search!
Agree on the pool turning green. But 10K for a pool? It costs upwards of 100K to build a new one. 10K may be true in MO but definitely not in NJ. The one I am dealing with is 50 by 25 feet.
@Venkat Tarakad As for pools adding value not sure who told you that or what area of NJ you are buying. I have had family members in NJ with relatively recent market analysis with pools in South Jersey and one out by flemington because they were thinking of selling and the pools weren't bringing the prices up and that was the case when I lived down there as well. They had the same thought as you, it should bring the price up. Maybe a NJ realtor can comment but thats where I am coming from.
Anyone looking for a house with a pool should know there are fencing regulations. I would always want one for safety because I know the risk for your family is too great to take without one. You could see the fence condition on viewing the house and that should have contributed to your offer price. Hidden items not so much but the fence was evident.
Yes, it will cost you alot to build a pool in NJ, depends on what you want more for a plaster pool then an inground liner pool, a lot if you go with fiberglass. Did you ask when did it last work? How old it is? If you want a pool I recommend going in to a pool company and talk to them about pools so you can be more informed when you buy. Also if you move forward with this have more than one person look at it. Some vendors are pricier than others. Good luck with your transaction.
@Venkat Tarakad As for pools adding value not sure who told you that or what area of NJ you are buying. I have had family members in NJ with relatively recent market analysis with pools in South Jersey and one out by flemington because they were thinking of selling and the pools weren't bringing the prices up and that was the case when I lived down there as well. They had the same thought as you, it should bring the price up. Maybe a NJ realtor can comment but thats where I am coming from.
Anyone looking for a house with a pool should know there are fencing regulations. I would always want one for safety because I know the risk for your family is too great to take without one. You could see the fence condition on viewing the house and that should have contributed to your offer price. Hidden items not so much but the fence was evident.
Yes, it will cost you alot to build a pool in NJ, depends on what you want more for a plaster pool then an inground liner pool, a lot if you go with fiberglass. Did you ask when did it last work? How old it is? If you want a pool I recommend going in to a pool company and talk to them about pools so you can be more informed when you buy. Also if you move forward with this have more than one person look at it. Some vendors are pricier than others. Good luck with your transaction.
The property is in Central Jersey. Since the pandemic there has been a rush of New Yorkers flocking to Jersey in the hunt of bigger houses and the most common theme is a house with a pool. They are the most sought after compared to one without a pool. One of my friend build a pool in 2020 and his assessment went up by 100K in 3 years.
@Venkat Tarakad As for pools adding value not sure who told you that or what area of NJ you are buying. I have had family members in NJ with relatively recent market analysis with pools in South Jersey and one out by flemington because they were thinking of selling and the pools weren't bringing the prices up and that was the case when I lived down there as well. They had the same thought as you, it should bring the price up. Maybe a NJ realtor can comment but thats where I am coming from.
Anyone looking for a house with a pool should know there are fencing regulations. I would always want one for safety because I know the risk for your family is too great to take without one. You could see the fence condition on viewing the house and that should have contributed to your offer price. Hidden items not so much but the fence was evident.
Yes, it will cost you alot to build a pool in NJ, depends on what you want more for a plaster pool then an inground liner pool, a lot if you go with fiberglass. Did you ask when did it last work? How old it is? If you want a pool I recommend going in to a pool company and talk to them about pools so you can be more informed when you buy. Also if you move forward with this have more than one person look at it. Some vendors are pricier than others. Good luck with your transaction.
The property is in Central Jersey. Since the pandemic there has been a rush of New Yorkers flocking to Jersey in the hunt of bigger houses and the most common theme is a house with a pool. They are the most sought after compared to one without a pool. One of my friend build a pool in 2020 and his assessment went up by 100K in 3 years.
I have a house in Maryland , I dont have a pool and since 2020 my assessment went up $90,000 in 3 years .
@Venkat Tarakad I feel the pain on NJ taxes, my brother is in Sayreville and I grew up in Woodbridge. I have seen the development of that area over the years. Woodbridge has put in alot of condos by the train station. There are many people moving in despite high taxes.
I can tell you though assessments are no indication of real value. I bought a condo for 202k, 3 months after assessed value was 250k per the town. I fought it and lost. it is 5 years later and maybe now I could sell for 230k.