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Renee Paray, REALTOR (Coldwell Banker Realty)

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Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

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.

Dec 04, 2015 08:27 AM
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Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

We don't winterize in AZ - but what Susan Emo said is the way we would handle it...

Dec 04, 2015 10:45 PM
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Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Renee. I like the answer that Susan Emo shared, it makes good sense.

Dec 04, 2015 06:28 PM
Rainmaker
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Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

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.

Dec 04, 2015 11:55 AM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I feel that Susan Emo nailed it.  I am of no help because we do not winterize in my area. 

Dec 04, 2015 09:43 AM
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Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

We use something similar to Susan Emo's answer. I think hers is better than ours

Dec 04, 2015 09:28 AM
Rainmaker
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FN LN
Toronto, ON

Susan's response is the same that I would use.  We are in the same province.

Dec 04, 2015 09:13 AM
Rainmaker
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David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

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.

Dec 04, 2015 08:41 AM
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Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Susan Emo just laid it out for you.... nicely done....

Dec 04, 2015 08:31 AM
Rainmaker
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Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I think we have two properties with in ground pools in my entire county. They just aren't the popular thing in my market. 

Dec 04, 2015 08:24 AM
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Like Susan's clause. Some escrow money might be better because you know it is there!

Dec 04, 2015 11:11 PM
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Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

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.

Dec 04, 2015 09:26 PM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

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. 

Dec 04, 2015 09:12 PM
Rainmaker
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Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

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.

Dec 04, 2015 08:24 PM
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Marco Giancola
Beachfront Realty - Miami Beach, FL
Realtor (305)608-1922, Miami Beach Florida

Hmmm good one, we don't have that issue down here.

Dec 04, 2015 07:21 PM
Rainmaker
2,759,812
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

 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.

Dec 04, 2015 06:02 PM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

We don't winterize pools here. Just make sure they are well maintained.

Dec 04, 2015 04:46 PM
Rainmaker
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Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

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.

Dec 04, 2015 03:52 PM
Rainmaker
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

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?

Dec 04, 2015 01:12 PM
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I have an amount set aside with the closing company to cover the cost of potential repairs

Dec 04, 2015 12:18 PM
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

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.

Dec 04, 2015 11:29 AM
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Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Yes, agree with all answers. 

Nov 22, 2019 09:55 PM
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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Great anwer, Susan!

Dec 18, 2016 04:37 PM
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Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

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.

Dec 06, 2015 02:08 PM
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Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

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.

Dec 05, 2015 10:45 AM
Rainmaker
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Roy Kelley
Retired - Gaithersburg, MD

It appears that you have received an answer. We have few pools in our area.

Dec 05, 2015 06:32 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

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.

Dec 05, 2015 03:23 AM
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Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

We don't winterize our pools in California so not an issue here.

Dec 04, 2015 11:45 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I see some great responses here.

 

Dec 04, 2015 11:23 PM
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John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Outdoor pools are very rare in Albuquerque. I haven't run into this problem. 

Dec 04, 2015 10:49 PM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

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

Dec 04, 2015 10:36 PM
Rainmaker
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Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

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.

Dec 04, 2015 08:34 PM
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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

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.

Dec 04, 2015 08:25 PM
Rainmaker
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

We have an addendum at our office that has the details. 

Dec 04, 2015 08:17 PM
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Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

We have an addendum that allows for pools to be tested after it warms up - after settlement.  

Dec 04, 2015 11:47 AM
Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

I would ask for maintenance receipts.

Dec 04, 2015 11:01 AM