The hotline is getting an above-average number of swimming pool and spa inquiries.
Perhaps with COVID-19 impacting travel, water activities areas, and people desiring a swimming pool or spa while sheltering at home, more members are contacting the hotline about pools/spas issues.
Some potential ideas for listing brokerages and buyer rep brokerages to reduce risks with pools/spas:
Use the SC Residential Property Condition Disclosure Statement and the seller discloses any known pool/spa issues.
Ask the seller in writing if there are/were any pool/spa issues. Get the seller to answer in writing either pre-contract or during SCR310 DUE DILIGENCE.
The buyers should educate themselves about pool issues (e.g. costs, maintenance, labor, servicing, dangers, risk management, temperature, privacy, lifespan, age, warranties, chemical options, pool accessories).
Recommend pool/spa inspections by pool/spa experts during the listing and transaction. Some inspection issues: is the pool operating, is the pool drained, is the pool winterized, water leaking, underground issues, maintenance records, utility costs, year-round maintenance, preventative maintenance, dangers, risk management, safety devices, etc.
Buyers obtain pool/spa inspections by pool/spa experts during the listing and transaction (e.g., during SCR310 DUE DILIGENCE).
Prior to the offer or at latest during SCR310 DUE DILIGENCE, the buyer directs their lawyer to evaluate the pool/spa for financing issues, liens, conveyance per the contract, zoning, HOA rules, legal liability, risk management (e.g., proper fencing, locks, alarms), and insurance. Also prior to offer, the buyer hires their lawyer to draft contract language to ensure that the pool/spa conveys and any pool chemicals/accessories that transfer.
Some pools/spas are in-ground, some above ground and may or may not be built-in with decks/residence, some are outdoors/indoors, some are open to the sky, some have enclosures, some are paid for, some have liens, some are leased, some are financed, some are fixtures, some are personal property, etc. and each one of these creates different issues and common issues.
Use SCR310 DUE DILIGENCE. Inspect all pool/spa issues prior to the offer or prior to the end of DUE DILIGENCE.
SCR310 Section 3 requires the property (inclusive of improvements, fixtures, personal property conveying) to be conveyed in OPERABLE CONDITION.
Often the parties argue what is OPERABLE CONDITION, hence the recommendation to use SCR310 DUE DILIGENCE.
Posted by: Byron King on 06/11/20 (This information is only accurate as of 06/11/20. You must contact SCR for updates and changes to this information after 06/11/20 as laws and regulations may change over time. SCR 803-772-5206 or email Byron)