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Old 09-04-2009, 08:08 AM
 
56 posts, read 480,470 times
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Hello all, I'm in escrow to purchase a house with an in-ground pool which has not been used in 4 years and which has no fence around it. There's no fence around the yard either.

All the insurance companies I've spoken to (5 so far) have told me that they will not extend coverage unless there's a safety fence around the pool. One told me that they will not extend coverage until the pool is fixed (filled with water) AND fenced.

So, I'm supposed to get insurance coverage on the very day I close, which can't happen because I can't get fencing put in until after I close.

Ah, I don't think leaving out the mention of a pool during the insurance quote is a good idea either.

What do other people do when they are buying a property which cannot be insured?
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Old 09-04-2009, 08:18 AM
 
Location: Austin
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You need to have your agent contact the listing agent and get the current insurance information from the home owners. If they're currently covering the house with the non-functioning and non-enclosed pool, they should be more willing to continue the coverage with a new home owner as well.

However, I'm astonished that the city allows this. In my area, and most areas, you have to have some kind of locked surrounding, be it just a regular fence around a yard with a padlock, or a pool perimeter fence, but not necessarily both. I wonder who the sellers got their final building inspection without it being enclosed.
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Old 09-04-2009, 08:28 AM
 
Location: Philadelphia
244 posts, read 690,336 times
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In PA there is a contigency in the Agreement of sale that states if you are unable to obtain insurance the buyer could pull out from the deal. I am not sure what state you are in but let your agent know. He will then contact the sellers agent and have the sellers either put a fence up or sign an addendum that allows you to make improvements to the property before settlement and then possibly get the sellers to make concessions for the cost of the fence.
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Old 09-04-2009, 08:31 AM
 
56 posts, read 480,470 times
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Quote:
Originally Posted by FalconheadWest View Post
You need to have your agent contact the listing agent and get the current insurance information from the home owners. If they're currently covering the house with the non-functioning and non-enclosed pool, they should be more willing to continue the coverage with a new home owner as well.

However, I'm astonished that the city allows this. In my area, and most areas, you have to have some kind of locked surrounding, be it just a regular fence around a yard with a padlock, or a pool perimeter fence, but not necessarily both. I wonder who the sellers got their final building inspection without it being enclosed.
Thanks, I will do that. In fact, I will have my attorney contact theirs. Going through the agents seem to be slower for some reason.

The sellers have to do an inspection? I thought that's the buyers' responsbility. I have the inspection scheduled this weekend, and I'm pretty sure the lack of a fence will come up in the report. Contract does say they may, but are not obligated to fix anything so we come back to the problem of me having to put the fence in at some point in order to become eligible for insurance coverage.
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Old 09-04-2009, 08:34 AM
 
Location: Austin
7,238 posts, read 19,874,597 times
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Quote:
Originally Posted by betatester View Post
The sellers have to do an inspection? I thought that's the buyers' responsbility.
A home inspection upon resale is the buyers' responsibility. I was referring to the final inspection the sellers had to obtain when they requested a building permit for the pool/house. The city inspector has to come out to make sure everything is to code.

That's another thing. You might want to look up the city's building code and see what it says for properties with a pool. It probably says it needs to be enclosed, unless you're out in some country, non-city municipality.
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Old 09-04-2009, 08:34 AM
 
56 posts, read 480,470 times
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Quote:
Originally Posted by FalconheadWest View Post
You need to have your agent contact the listing agent and get the current insurance information from the home owners. If they're currently covering the house with the non-functioning and non-enclosed pool, they should be more willing to continue the coverage with a new home owner as well.

However, I'm astonished that the city allows this. In my area, and most areas, you have to have some kind of locked surrounding, be it just a regular fence around a yard with a padlock, or a pool perimeter fence, but not necessarily both. I wonder who the sellers got their final building inspection without it being enclosed.
I think their insurance company may not even be aware? They put in the pool 30 years ago and maybe the rules weren't as strict then.
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Old 09-04-2009, 09:34 AM
 
Location: Salem, OR
14,940 posts, read 36,693,001 times
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If they put the pool in that long ago they are probably not aware of the rule. We have very few pools in homes in Oregon and we have those same regulations.

I would ask the sellers to enclose the pool so that the home can be insured. Only a cash buyer would be able to buy the house without the enclosure so it's in their best interest to do it.
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Old 09-04-2009, 09:39 AM
 
56 posts, read 480,470 times
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Quote:
Originally Posted by Silverfall View Post
If they put the pool in that long ago they are probably not aware of the rule. We have very few pools in homes in Oregon and we have those same regulations.

I would ask the sellers to enclose the pool so that the home can be insured. Only a cash buyer would be able to buy the house without the enclosure so it's in their best interest to do it.
Yes, that's the attorney's advice as well. Now I am worried that they are going to put in an cheap ugly fence just to get the job done. Sighs.
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Old 09-04-2009, 09:44 AM
 
Location: OK
2,783 posts, read 6,995,375 times
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Quote:
Originally Posted by betatester View Post
Yes, that's the attorney's advice as well. Now I am worried that they are going to put in an cheap ugly fence just to get the job done. Sighs.
Who cares. It will solve your problem. You can always replace it later or plant some vine against it.
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Old 09-04-2009, 10:27 AM
 
Location: Barrington
59,764 posts, read 40,904,743 times
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In my own greater area, there is a municipality that recently changed it's code for pools. Current owners were grandfathered. New pool installations and or property trasfers are required to come to code in terms of fencing.

Given you are willing to buy this property without a fence, if the seller installs a cheap and ugly fence that brings it to code and/or gets it insured, so be it.

Are you planning to bring in a pool inspector above and beyond a home inspector?
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