Is the previous house owner responsible?

Adenoid Hynkel

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I will try make this as short as possible.

I bought a house 16 months ago. Private sale.
The previous owner pointed out that there was a roof leak, but has been fixed. Pointed out some other small things. Great.

Past winter we had a lot of rainfall. My pool walls started bulging on 3 sides. It is a drop-in pool/fiberglass.
Contacted a few pool companies to come have a look and they all told me the same - there was not sufficient drainage around the pool, hence the water will run around the sides, the sand will expand and push against the pool walls.

I contacted the previous owner to find out which pool company she used. She told me she does not remember anymore and that she has thrown away the invoice. Fair enough. Few days later I ran into my neighbour. We started speaking about pools. Comes out he used the same company and he gave me the details. I phoned the company and explained my dilemma, he asked in which area and street I am. He started laughing after I told him, as he knew exactly of what house I am speaking about. He even still remembered the owners name (Pool was inserted 4/5 years ago).

Anyhow. He came and had a look. He told me its a drainage issue and that the previous owner decided not to put in proper drainage. They only put in one small pipe and he warned them it wont be enough with all the rainfall we have here. Ok great. He then also pointed out, hmm, this part of the house was not here. They extended the house after they have put in the pool. He then pointed out to me, that this part of the house uses the same drainage. So all the rain water from the roof is running through the same drainage system that is used just for the pool. I would say its about 45-60sqm of roof.

It now made perfect sense to me why the pool walls bulged. The current drainage system just can't handle the water load and expands to the sides of the pool. Its a french drainage system, the one with the holes in the pipe. So they new in the first place that the existing drainage system is not sufficient enough, but still add the one side of the roofs water to run through it :wtf:

Phoned my insurance. Assessor came out. I was not present when he came, just my wife. Anyhow, insurance denied the claim, blaming water level rising in our area, and that is apparently not covered.

I am going to dispute the claim and try get another assessor out so I can explain to him what has happened here.

In this entire process, it came out that the previous owner was well aware of the situation and has not told me a thing about it during the sale process.
There are other structural damages that have been covered pretty well and weren't fixed proper. So it seems the previous owner did try and hide quite a bit.

The Pool dilemma is going to cost me 35k. Not something I want to pay out of my own pocket, seeing that I only lived in this house for 16 months.

Should I even bother trying to nail the previous owner? Or just leave it and cut my losses?
 
What does your contract say? If the house was sold "Voetstoots" it means that you cannot claim from the previous owner. Or that is my understanding at least.
 
It is going to cost you more to try and recover the cost from the previous owner...
 
You can only claim from the previous owner if you can prove she knew about the fault before selling the house to you. That is almost impossible to prove, as no doubt she will deny that she knew anything about it, even if she was told by the pool guy that she had too little drainage.
 
Moral of the story, make an inspection by a registered home inspector part of the sales agreement, it's not a guarantee that they will pick it up but at least you have recourse if they do.
 
What does your contract say? If the house was sold "Voetstoots" it means that you cannot claim from the previous owner. Or that is my understanding at least.

Not for property transactions. "Voetstoots" means" subject to

You can only claim from the previous owner if you can prove she knew about the fault before selling the house to you. That is almost impossible to prove, as no doubt she will deny that she knew anything about it, even if she was told by the pool guy that she had too little drainage.

actually, **** it, this guy explains it fully.

Edit: this guy adds some more detail on the Voetstoots clause, as it applies to property contracts.
 
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If the previous owner was aware of a fault and purposefully hid it from you then you have a claim against them. However with the voetstoots clause it is incredibly difficult to prove that they were aware of it and even if they were it doesn't sound like they hid it from you. They don't have to disclose it unfortunately so something like this often causes problems because it would be incredibly difficult for you to know about the problem but at the same time they did nothing to actually hide it.
 
I will try make this as short as possible.

I bought a house 16 months ago. Private sale.
The previous owner pointed out that there was a roof leak, but has been fixed. Pointed out some other small things. Great.

Past winter we had a lot of rainfall. My pool walls started bulging on 3 sides. It is a drop-in pool/fiberglass.
Contacted a few pool companies to come have a look and they all told me the same - there was not sufficient drainage around the pool, hence the water will run around the sides, the sand will expand and push against the pool walls.

I contacted the previous owner to find out which pool company she used. She told me she does not remember anymore and that she has thrown away the invoice. Fair enough. Few days later I ran into my neighbour. We started speaking about pools. Comes out he used the same company and he gave me the details. I phoned the company and explained my dilemma, he asked in which area and street I am. He started laughing after I told him, as he knew exactly of what house I am speaking about. He even still remembered the owners name (Pool was inserted 4/5 years ago).

Anyhow. He came and had a look. He told me its a drainage issue and that the previous owner decided not to put in proper drainage. They only put in one small pipe and he warned them it wont be enough with all the rainfall we have here. Ok great. He then also pointed out, hmm, this part of the house was not here. They extended the house after they have put in the pool. He then pointed out to me, that this part of the house uses the same drainage. So all the rain water from the roof is running through the same drainage system that is used just for the pool. I would say its about 45-60sqm of roof.

It now made perfect sense to me why the pool walls bulged. The current drainage system just can't handle the water load and expands to the sides of the pool. Its a french drainage system, the one with the holes in the pipe. So they new in the first place that the existing drainage system is not sufficient enough, but still add the one side of the roofs water to run through it :wtf:

Phoned my insurance. Assessor came out. I was not present when he came, just my wife. Anyhow, insurance denied the claim, blaming water level rising in our area, and that is apparently not covered.

I am going to dispute the claim and try get another assessor out so I can explain to him what has happened here.

In this entire process, it came out that the previous owner was well aware of the situation and has not told me a thing about it during the sale process.
There are other structural damages that have been covered pretty well and weren't fixed proper. So it seems the previous owner did try and hide quite a bit.

The Pool dilemma is going to cost me 35k. Not something I want to pay out of my own pocket, seeing that I only lived in this house for 16 months.

Should I even bother trying to nail the previous owner? Or just leave it and cut my losses?

I would firstly ask the previous owner about it and mention the allegations that the pool contractor made. There is a possibility that the contractor is trying to cover himself.

We had a similiar situation where we had electrical issues and after contacting the person who did the electrical compliance, he made several wild allegations that the previous owner must have changed things and told him he was changing the wiring etc.

After asking the previous owner myself it actually turned out that the previous owner had never even met the contractor and he was not there when the inspection was done.

Even if the previous owner is at fault, mentioning the discussion with the contractor may scare them enough to pay half or come to some sort of arrangement. Being nice upfront sometimes works better.

If they come back saying it is not there problem then look at taking a legal root.
 
You can only claim from the previous owner if you can prove she knew about the fault before selling the house to you. That is almost impossible to prove, as no doubt she will deny that she knew anything about it, even if she was told by the pool guy that she had too little drainage.

This is correct. I faced a similar problem, and it comes down to be able to prove that the previous owner knowingly withheld this information
 
He then also pointed out, hmm, this part of the house was not here.

Do you have municipal approval for that extension ?
 
It definitely will not be a insurance claim in any case.
I would suggest you fix the issues as the time that has passed is not in your favor and the costs are very high to "sue" and chances are you might be in for your and the previous owners costs if not successful.

Good luck with whichever route you go.
 
Thanks for all the replies so far. I have took the plunge and have emailed the previous owner.

Do you have municipal approval for that extension ?

Good question. I have plans drawn up from an architect firm, nothing more. Will enquire with the municipality.

Not for property transactions. "Voetstoots" means" subject to



actually, **** it, this guy explains it fully.

Edit: this guy adds some more detail on the Voetstoots clause, as it applies to property contracts.

Thank you for this kind sir.
 
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