If I Buy a House, Can I Keep the In-Ground Pool?
Yes, I have really heard this question before. And, if you have come across this question because you’re wondering the same thing, you’re realizing it’s not that audible question. You might be wondering if you could to keep the inground pool if you buy a house. Now, if you think this through, it would be quite a tragedy to rip up an entire pool and it would leave a huge mess so yes if you buy a home with a backyard inground pool, it should remain. But, I do want to leave this little caveat; sellers do have the right to write anything they want in the purchase and sale contract but you also have to agree to it for it to happen. So, if for some reason the seller says they are going to fill in the pool before closing on the property and you don’t agree with that, you need to either not agree to it in the contract or make a separate negotiation in the contract or addendum.
Just as there are interesting questions from buyers, there are odd and bizarre behaviors from homeowners as well. You never know if a homeowner is going to do something that the buyer simply finds outrageous between the time of mutual acceptance and closing. But, if the seller does anything that is not written in the contract or legally allowed by the time closing happens, the buyer does have a right to go back to the seller for litigation.
If we are talking about a portable aboveground pool that can be easily removed, that is something that should be discussed prior to closing. Buyers may want to keep it and so it should be written into the purchase and sale contract, not just assumed that it will go with the property.
Other items that are included with the sale of the property that buyers may not be aware of include temporarily attached features such as light fixtures, curtain rods, drapes, flooring, and bookshelves. These items may be removed but typically they are part of the house and should be sold with the property. Even curtains hanging on attached curtain rods are included with the sale of most properties unless otherwise stated by the seller or the fire and agreed upon.
Again, it all comes down to what the buyer and the seller agree upon. If it is written into the contract and mutually agreed upon, the contract stands. If you move into a property that has been damaged or something removed not included in the contract, the buyer has every right to go back to the seller for retribution.
Have a real estate question? Give me a call at any time and you never know what might make it into the blog.
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