Disclosure statement/ Broken pool heater

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Hello all and thanks for your help in advance.

I recently purchased my first house in Jan. 07. The house has an inground pool in which was winterized by the pervious owners. Upon openning the pool a few weeks back I discovered that the pool heater does not work, due to a sizable crack in one of the main components of the heater. I have since by pasted the heater and everything else is in working order. I contacted my realtor about the problem and he was not much help. I am thinking that he has got his money and really doesn't care to get involved. I looked in to the paper work that I have and in the disclosure statement that the seller filled out the checked that the pool heater and equipment is in working order. But as I stated the heater does not work because is leaks a large amount of water. Is the seller responsible to fix the heater since they stated it is in working order? I assume the damage is due to inproper winterization but that is speculation.

Would like to get some information so I know how to proceed with the situation. Or if I need to bite the bullet and spend the couple hundred dollars and get it fixed.

Thanks again

Kevin.

If the pool was already winterized at the time you purchased the property, you really have no way of proving the heater was faulty at the time of the sale, *in my opinion.* It could've been. It also could've cracked due to freezing temperatures after you bought the house, before you opened the pool for the year. The seller's disclosure only indicates to the "best of the seller's knowledge," which would mean somehow proving your seller was well aware of the damage before the sale. I honestly don't know how you could begin to prove it at this late date.

And yes, you're right. The real estate agent has already closed on this sale and collected the commission check. Technically, your only real recourse would be with the original seller, if it can be clearly established the heater was damaged prior to the sale. Again, how can you prove it? Even if you should have proof, the cost of filing legal action may outweigh the cost of the repair. Were you talking a major operational system, such as faulty electric wiring, plumbing, or a badly patched roof, it might be worth your time and money, given the cost of that type of repair. Given that the seller will probably do everything he can to avoid even a court appearance, you'd have to decide which route is better for you in the end. If you financed the house, you'd probably get the same response from your lender as typically, any appliances (which would include a pool heater) have no contributory value to the property and often, don't even convey at closing. Those are usually "side issues" worked out between buyer and seller and usually are in "as is" condition. (Note: usually. It may have been different in your particular transaction.)

Again, only you can decide which route is best for you - the costs of filing court documents, paying someone to clearly assess the prior damage to the heater,etc.. possibly retaining an attorney vs a new pool heater. It's up to you.

Good luck.