As we move into the summer months, properties with pools begin to look increasingly attractive.

But pools bring with them extra considerations when it comes to settlement: in addition to the issue of pool fencing, there can be some confusion over whether or not pool equipment is included in the seller warranty.

Seller warranties often read something like this: “The seller warrants that all electrical, plumbing, and gas fixtures and fittings included in the sale shall be in working order at the date of settlement.”

But does ‘electrical fixtures and fittings’ include common pool equipment, such as pumps, filtration, heating, and underwater lighting?

Unless specified, the seller might assume that the warranty includes only fixtures in the home itself. However, should the buyer move into the home after settlement and find the pool pump is not working, they might seek compensation from the seller, or attempt to use the warranty as the basis for legal action.

To clear up confusion and prevent such disputes, consider amending the seller warranty to include swimming pool and spa equipment when writing contracts for properties that contain a pool.

By doing so, you’ll ensure that both buyer and seller are on the same page when it comes to faulty pool equipment.

Image by Dr.Coop via Flickr.

About the Author

Residential Settlements

We provide real estate settlement services throughout Western Australia. In addition, we complete Related Party Transfers, Family Transfers, Private Sales and other title related services.