pool on property

[judyrog]

What is the name of your state? MA

i AM BUYING PROPERTY WITH AN EXISTING ABOVE GROUND POOL ON PREMISES. THE SELLER IS TAKING THE POOL BUT SAID IT IS MY RESPONSIBILITY TO DEAL WITH THE MESS AND THE HOLE ON THE PROPERTY IS HE CORRECT? WE HAVE SIGNED A P & S ONLY SO FAR.

[LindaP777]

First of all, do not use all caps. It's considered shouting in the written form and hard to read.

Second, in your purchase contract, does it say the pool stays, or the pool goes?

Third, what does your Realtor say in all this? That's why they get paid exorbitant amounts, to deal with issues that come up!

[FlyingRon]

Unless the contract states that he is going to take the pool, even above ground pools, unless specifically designed to be portable (like kiddie pools) are fixtures and should remain with the property. If it's not mentioned in the contract you can probably bargain with him that you'll let him take it if he either fixes the landscaping or gives you money to cover it. Of course, you could very well get stuck with the pool that way.

[Ozark_Sophist]

The seller is taking the pool per OP.

I would ask for cash back at closing for landscaping (level soil, plant grass, etc).

[Zigner]

OP -
Your question is something that will be negotiated in your purchase contract. We can't tell you if it's "right" or "wrong" - it all depends on what you work out.

[FlyingRon]

Originally Posted by Ozark_Sophist

The seller is taking the pool per OP.

That's what the seller has said, but if it's not specifically mentioned as not conveying in the contract, it's improper for him to do so. As I said, pointing that out can be a bargaining chip in all this.