During an inspection, I found out there was a pool next door. How can I get out of a real estate contract?

I have twin preschoolers and this makes me nervous. This was missed by me, my husband and my realtor because you could not tell it was a pool. My husband thinks I am overacting. We are going to hav...

MVD34	If your realtor is worth the money you are going to be paying her, there should be a catch-all phrase in the offer contract that allows you to back out of the contact for "material" reasons following the inspection and/or change in circumstance. This is a buyers market and you are the buyer, if you don't have flexibility in your contract, you have a bad realtor. Worst case scenario, you are usually allowed to walk away from any contract by surrendering the good faith money. It serves as the fair compensation for the "whoops, we changed our minds" factor.

RetiredDebtFree	I'm with your husband. You are over reacting. There is no more chance of your kids getting under or over your neighbors fence into their pool than there is them wandering out front into the street, and you do know that cars drive down streets. Where do you draw the line on risk? Teach your kids to swim, supervise them outdoors, and enjoy getting to know the neighbors who have a pool. Yay!

Jan Luv	what is 'next door' has no bearing on your purchase, rental or least! As a good parent you will not allow your child(ren) to be out doors unsupervised!

Expert Realtor	It's called watching your kids and your husband is 190% correct. The Realtor is not under any obligation to disclose property issues with neighbors, if they were aware of it or not. Did you not view the home? You can't get out of the contract because of that, but just because "something" is wrong doesn't give you a Carte Blanche to break the contract...if the seller remedies the repair or if it's under the amount listed in your contract, you can't break the contract. My children weren't allowed to play outside without constant supervision...why are yours?

kemperk	i am missing something here; you are buying a house. A house that has a neighbor. That neighbor's house has a pool. That pool; not your property but NEXT DOOR, has no fence around it. WHY do you care what the next door neighbor has or does not have as long as it does not infringe or disrupt YOUR property? Maybe you are sharing with me that the neighbor has no dividing fence between both properties. IN come cities--suburbs, a dividing fence is a requirement and in others, it is not. YOUR county planning commission can tell you for sure. if not required, you can put one up yourself. Then, their pool will be of no concern to you. IF I am missing something else here, plz inform me; I like to learn too!!

Tracer	Yes you can get out of the contract.You maybe overeacting

Judy	Ask your realtor if there are laws in your area for having a fence around a pool. Also do your own research. If you get that house - join the neary Y. Teach those kids how to be expert swimmers. Also set some money aside for building a good fence of your own so the kids can at least play in your own back yard. /

Skipweasel	I'm with your husband. Is there a road outside? Is there a tree nearby that might fall on them? Is there a child nearby who hasn't been vaccinated? All these are threats - the sort that children survive in their millions every year. That doesn't mean don't take some sensible precautions - like making sure your fence doesn't have any holes in it, and that you keep an eye on them.

linkus86	I agree with your husband, but that is beside the point. Since your offer was contingent on an inspection you can ask your inspectors to find fault and use it to back out of the contract or merely pointing out that your home inspector found your neighbor to have a pool is reason enough. It is best to kill the contract as quick as you can to allow the seller to put the house back on the market.