Found a Below ground pool in backyard

[sammmeee]

Ok,
Just settled on an IP. Needed loads of work. Everything was overgrown in the backyard. We got rid of all the crap and found a concrete pool. This was also confirmed by a neighbour.

Huge issue as we want to develop the block and would have offered less knowing this. We had 10 business days to act on it. So hubby faxed letters at the 11th hour.

What are our chances of compensation? Would you pursue it??
It contravenes 15.1A and 15.3 of the general conditions?

 

[sunshine]

In my experience we wanted compensation for something that wasn't disclosed. Our legal advice was that it was 'probably' worth about $100k. It would have cost us almost as much in legal fees to pursue.

What does your Solicitor reckon?

If they didn't come down in price when negotiating, would you still have made the purchase?

My issue, and it would appear your issue is all based on Due Dilligence - not enough done at the time.

It will be different next time though.

Sunshine

 

[jrc]

Are you within any time limits to apply for compensation?

 

[sammmeee]

A letter of notice had to be sent by 10 days after settlement by 4pm. We faxed letters on the 10th day after settlement. The only thing is that my hubby forgot to put in our address and contact details would this impact the legality of the letters sent?

It is also a moral issue for me too. The seller is not well and doesnt have a lot of money. I know its just business..it just doesnt sit well with me..

Thanks sunshine. We thought we had done the correct DD. All the documentation stated "no registered pool" both from council and landgate. the backyard was overgrown with junk and grass. Even after we uncovered the pool it looked like gardent edging. Its the neighbour that gave us the heads up. Sadly he was right.

 

[sunshine]

It is also a moral issue for me too. The seller is not well and doesnt have a lot of money. I know its just business..it just doesnt sit well with me..

Yep takes quite a while to get over a "lesson".

If the seller is not well and has not much money, sorry, but I think you have a good chance of getting nothing but a massive legal bill.

Perhaps direct that anger into getting the place sorted and make a huge profit. Remember there are lots of sharks out there. I know you won't be caught again.

All the best

Sunshine

 

[sunshine]

Just a thought, had the pool been filled in, or was it a hole in the ground with some water?? If it was filled in, that could be why the contract said "no registered pool". Have you checked with council as to the terms of "registered pool" requires?

Personally I don't think it will help your case, but may give you some personal relief.

Sunshine

 

[Ed Barton]

Ok,
We got rid of all the crap and found a concrete pool. This was also confirmed by a neighbour.

you looked at the pool and said 'gee that looks like a pool' but you needed the neighbour to confirm it was a pool?

 

[redwing]

you looked at the pool and said 'gee that looks like a pool' but you needed the neighbour to confirm it was a pool?

Loked like concrete edging at first?

See below

Even after we uncovered the pool it looked like gardent edging. Its the neighbour that gave us the heads up. Sadly he was right.

Was the pool completely filled in with dirt? (have seen it done as a cheaper option to removing it).

 

[chilliblue]

All pools need to be registered with Council and according to my legal advisor, you will need to be able to prove that the Vendor had knowledge of and did not disclose.

 

[sammmeee]

Thanks for your reply's.

Ed: No it didnt look like a pool at all. It looked like concrete garden edging. The neighbour said no that was a pool. We then did some digging and yes it was a pool.

It is filled in no water at all. Probably not done properly though. The neighbour said that a previous owner was renting it out and their tenants complained about the pool being dirty. He then came in with a front loader and filled it in .. hope the tenants aren't buried in it either

Thanks chilli thats what i was afraid of. The burden of prove to be on us and not on them proving they didnt know..

 

[Steve Basin]

You need to speak to your solicitor on this, but they can come back to you saying they didn't know a pool existed themselves.

The vendors that you bought the place from, may say they didn't know about it as well, how are you going to prove they did?

 

[sports fan]

local government have only made people start 'registering' their pools in recent times as they are worried about people suing them if the parents infants/ children drown in their own backyards

they send inspectors around periodically to check fences, self closing gates etc. are to relevant codes (do the parents job for them) to cover their own arses

the pool you describe sounds ancient if it is filled in and covered with weeds i doubt the owner even knows such a 'register' even exists

 

[wobbycarly]

How do you NOT know you have a pool in your back yard?

 

[Y33]

Pools, did someone mention pools? Mine is nicely filled in and covered over with dirt and mulch but still registered as a pool.

Depending on the size you may be able to remove and sell

 

[sammmeee]

Once I figure out how to resize photos I will post a photo of the backyard prior to settlement.

I think its not going to be worth it. Time, effort and the ever so cheap lawyer fees...Our settlement agent was lost for words when we told her and said she had never heard of anything like that before. I know in a few years I'll be laughing about it...

Will find out what I need to do to with it when we subdivide. Unfortunately concrete so we cant sell it.

 

[Y33]

Depending on size, form and construction you can remove and sell concrete pools.