1,457,319
Just sold one today. The clause that we use up here is:
The Seller represents and warrants that the swimming pool and equipment are now, and on the completion date shall be, in good working order. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction but apply only to the state of the property existing at completion of this transaction.
The Seller agrees to winterize the swimming pool and equipment prior to completion , and shall provide a written undertaking on completion that the Seller shall be responsible for any costs or expenses incurred by the Buyer if the swimming pool and equipment are not properly winterized, provided only that the Buyer gives written notice of any claim to the Seller not later than 6:00 pm on the 1st day of June, 2016, failing which the Seller accepts no responsibility for costs.
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Debe Maxwell, CRS
Charlotte, NC
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Troy Erickson AZ Realt...
Chandler, AZ
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Michael Jacobs
Pasadena, CA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Sandy Padula & Norm Pa...
, CA
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Nina Hollander, Broker
Charlotte, NC
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Michael J. Perry
Lancaster, PA
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Praful Thakkar
Burlington, MA
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Renee Paray
Blue Bell, PA
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Barbara Todaro
Franklin, MA
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Susan Emo
Kingston, ON
3,071,489
We don't winterize in AZ - but what Susan Emo said is the way we would handle it...
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Tony and Suzanne Marri...
Scottsdale, AZ
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Susan Emo
Kingston, ON
2,538,633
Good morning Renee. I like the answer that Susan Emo shared, it makes good sense.
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Susan Emo
Kingston, ON
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Nina Hollander, Broker
Charlotte, NC
1,525,616
I would put a clause in the contract that covers the pool being in working condition during the summer, similar to what Susan Emo said.
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Susan Emo
Kingston, ON
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Nina Hollander, Broker
Charlotte, NC
3,349,554
I feel that Susan Emo nailed it. I am of no help because we do not winterize in my area.
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Susan Emo
Kingston, ON
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Nina Hollander, Broker
Charlotte, NC
2,375,711
We use something similar to Susan Emo's answer. I think hers is better than ours
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Susan Emo
Kingston, ON
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Nina Hollander, Broker
Charlotte, NC
1,157,791
Susan's response is the same that I would use. We are in the same province.
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Nina Hollander, Broker
Charlotte, NC
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Lise Howe
Washington, DC
617,935
As Debbie Laity said, outdoor, in ground pools are a rarity in Colorado. I would take what Susan gave you to an attorney as a starting place.
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Nina Hollander, Broker
Charlotte, NC
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Lise Howe
Washington, DC
5,583,328
Susan Emo just laid it out for you.... nicely done....
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Nina Hollander, Broker
Charlotte, NC
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Susan Emo
Kingston, ON
2,224,473
I think we have two properties with in ground pools in my entire county. They just aren't the popular thing in my market.
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Nina Hollander, Broker
Charlotte, NC
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Lise Howe
Washington, DC
5,240,047
Like Susan's clause. Some escrow money might be better because you know it is there!
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Susan Emo
Kingston, ON
1,728,256
Either a clause similar to what Susan Emo noted, but I might advise my principals to hold aside in an escrow fund several thousand dollars, just in case. After all, what were the sellers thinking? They knew the home was listed for sale.
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Susan Emo
Kingston, ON
3,416,038
I use a similar form like Susan's where the seller signs. It is a leap of faith though because selers wont warranty that winter ice wont make mess. Often seeing receiopts for who closed and winterized it helps.
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Susan Emo
Kingston, ON
2,192,390
This is tricky ! But as a Listing Agent I tell the Sellers to have it PROFESSIONALLY closed this time around and to have that company write a report stating it's condition at closure.
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Nina Hollander, Broker
Charlotte, NC
846,475
Hmmm good one, we don't have that issue down here.
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Nina Hollander, Broker
Charlotte, NC
2,759,812
Good morning Renée. Put in a clause that will have the sellers warrant the operation of the swimming pool when it is reopened in the spring.
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Nina Hollander, Broker
Charlotte, NC
634,532
We don't winterize pools here. Just make sure they are well maintained.
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Nina Hollander, Broker
Charlotte, NC
4,319,773
Renee Paray - that's a tricky one.
Have seller agree to fix all the issues related to swimming pool and put some big chunk of money in escrow.
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Nina Hollander, Broker
Charlotte, NC
1,712,776
You can get all the assurances you want but if it is opened six months later how can you say that the problem is pre-existing and of course, how do you prove it in court?
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Nina Hollander, Broker
Charlotte, NC
3,986,308
I have an amount set aside with the closing company to cover the cost of potential repairs
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Nina Hollander, Broker
Charlotte, NC
3,988,013
I ask the buyer if they are comfortable taking a chance that a problem can arise when the pool is opened back up in the spring. I have never had a buyer insist to have it dewinterized and filled to test it out in cold freezing weather. They always have moved forward with the sale with no known problems coming up later that I was aware of.
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Nina Hollander, Broker
Charlotte, NC
1,598,452
5,254,685
979,596
Renee - No winterizing of pools here in Arizona, but I could see that as a real issue if not handled properly in the purchase contract. I think Susan Emo has the right idea.
2,707,721
Not an issue here in Dallas, as pools are not winterized. But having the equipment and systems that are visible gone over by a pool technician would be advisable. Plus a home warranty could be lifesaver once the weather warms back up.
7,864,182
It appears that you have received an answer. We have few pools in our area.
4,800,132
I don't have this issue in FL, but I assume that you could escrow some funds until the spring when the pool can be inspected.
4,582,434
6,419,449
1,664,236
Outdoor pools are very rare in Albuquerque. I haven't run into this problem.
2,784,726
You could set aside funds in escrow until an inspection or simply have an iron-clad agreement spelling out this issue or talk with the pool service guy or do a dry run or if there is honesty in the air, go with that...that's all I could come up with
913,568
I would ask for maintenance records, and ask to talk the the company that has done work on te pool. I would also check into getting a warrany specific for the pool. yet, still wite something similar to what Susan Emo wrote.
5,113,121
I don't know that in Charlotte I've sold more than a handful of houses with pools (we are not a big private pool community). And as it turned out, I've never sold one that was winterzied. But if I did, I suppose I'd want some language in the contract that the seller warranties condition of pool until it can be dewinterized and tested. But I would have an attorney write this.
4,434,177
3,742,070
We have an addendum that allows for pools to be tested after it warms up - after settlement.
2,443,250