- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with the Pool at the New House
My partner and I recently purchased a house with a pool. We made sure to ask the previous owners if everything was in working order, specifically requesting instructions on how to operate the pump/filter and a certificate confirming the pool fence met safety standards. However, since moving in, we have discovered that we need to top up the pool with a hose for approximately 3 hours each day. Despite performing the “bucket test” to rule out evaporation, we still noticed a significant decrease in water levels after being away for a week.
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****** just grabbed a
its not just the leak i would be worried about, if you are going through that much water you will probably find a sink hole also
Speak to your Solicitor or Conveyancer who acted for you about this being a material fact.
I’m really shocked by the poor responses here.
If it is clearly something that the buyer **would have known about**, you may need to speak with your conveyancer. The guidelines in the *Sale of Land Act 1962* were updated to make it clear that buyers cannot knowingly omit information. Examples of material fact include such simple items as asbestos, but also infestations and structural defects.
So yeah, you may have a case, and should consult with a lawyer further to determine what legal grounds you have.
If it’s loosing that much I would say the seller would have been filling it up/known about it.
Potentially talk to your solicitor who helped finalize your sale about what your options are.
If the pool is made of concrete it is more likely that the leak is coming from a split in one of the PVC filter pipes. Google ‘pool leak sealer’. Run it through the filter system pipes(bypass the filter). There is a 50% chance you can fix the leak with a $50 leak sealer. Good luck with it.
Rather than deal with a local pool shop who haven’t inspected the pool in person, get a qualified pool builder to inspect the pool and determine the actual issue/fault and provide a written report and quote to fix it.
I’d be more worried about where all the water is going
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What did the contract say, specifically, regarding the pool?!
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This is the well known case of Caveat Emptor – Let the buyer beware. I have worked in Real estate in NZ for 30 years. Did you buy through a Real Estate Agent or privately? Contact a free legal seevice for advice. If the owner lies & you have asked verbally about the pool then it’s a he said she said situation. How do you prove it.
For next time. One option prior would be to write a clause in the agreement that the owner warrants that the pool is in good working condition and has no leaks. This would give you an avenue to claim.