glenn
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The deal is your relationship with the sellers. If you are friends and she is in trouble, don't you want to help her?
I would help a friend whenever I could. I would even help her move it back.
Legally it sounds like you bought the pool and have moved the pool and have set it up in your back yard. I think it is your pool now. I also think from what you say your friend should not have sold the pool. She may have in effect already sold it to the new buyer of the house (so she sold the pool twice!) I would guess the house deal would fall thru or your friend might have to buy a brand new pool for the new home buyers.
Be a friend and let her have it back. Also get your money back. |
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bjg76522
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if the pool was on the property when the house was put on the market then yes. Once the house was listed nothing can be removed it comes with the property. If the house was not on the market then your neighbors can sell it since the property will be shown with out it. I would call a restate person in your area and ask this question each state has dif laws. |
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Rachael
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if you can pick up the pool literally pick it up than its yours just take it since its yours if the pool is attached to the house than you will have to talk to a lawyer |
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William
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This is a tough one and one that I lost in a similar case. Even if the seller told you that the pool was a part of the purchase, unless it is in your contract you might be out of luck. Small claims court might be your best bet to resolve this. |
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carrierox2010
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I don't think you need to give it back, it was above ground and obviously it could be moved if you took it and have it at your house, and the old neighbors sold it to you!! I would tell the people who want it to talk to the old owners of the house!! Don't give it back!! |
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~Kim~
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Do you have a bill of sale?? Can you get them to prove you bought it from them? You are supposed to leave the attached stuff but the pool isn't attached.... Go now!!! Take it!!!! |
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Dallas S
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No you do not have to gave it back. You bought it right? Your neighbor needs to take that up with the owner. Oh do you have a reseat because you are going to need it. To show you bought the pool. |
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Katie
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If you purchased the pool , and the new owner wants the pool.....tell the new owner to get it from the real estate agent who listed the house wrong. This is not your problem. Keep the pool and enjoy it. |
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Wondering Mind
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its your if it went with the house they shouldnt of sold it to you! its your if theres any problems call the cops |
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spadezgurl22
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lol sounds like their problem not urs. they should have thought about that before they sold the pool to you. now it looks as though they will have to replace it. tell them sorry but not going to happen u have no obligation to return the pool that was something they should have discussed with their real estate attorney before selling to you. |
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scottbu123
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DON'T GIVE IT BACK unless it was specifically mentioned in the contract (you paid for it, right?) |
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Oreo
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If the new owner has already bought the house it is her fault that she didn't see if the pool was there. I suggest you take this to court, unless you didn't buy it for that much. If it is not a financial loss to you then give it to her or get your money back from the original owner. |
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Landlord
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If it was included in the home purchase you bought stolen property, the previous owner dis not have a legal right to sell it. Most states require that stolen property be returned to the proper owner.
Even if the pool was not in the contract if it was mentioned in any of the ads or the MLS it is part of the house.
Your friends are more then likely correct, you need to return the pool and then press charges against the person who illegally sold it to you. |
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John S
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if the pool was mentioned in the purchase agreement that your neighbors were to leave it for the buyers then your neighbors were in the wrong for selling it to you. in any case, it sounds like your neighbors need to go buy a new pool for the people buying their home. i am not a lawyer but i would say it is legally your pool. |
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Deliah
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She is lying the new owner can not "null the contract". Make her replace it, which I suspect has been threatened and now she is trying to scare you into giving the pool back. |
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puterkaputer
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This is an issue between Buyer and Seller. If they mutually agreed the pool was part of their contract, they will have to resolve it between them.
It is inappropriate for the new buyer to approach you.
They should definately be talking to the prior owner of the house. If he sold you the pool prior to settlement, and then
promised it to the new buyer, he was either unethical or did not understand it was part of the selling price.
Do nothing - let them resolve it. If the new buyer attempts to take it, call the police. Either you or they will have to prove ownership. Good luck........The new buyers may be the "neighbors from hell"......kapooter |
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Mama Mac
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If it's attached to the property, then it should go to the new owners. If you bought it and moved it to your property, then it's yours. You might need to get some local legal help on this one, though. |
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Orly?
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It should be betwen the seller and the buyer, if the seller gave you a pool but it was an attachment to the house, the buyer could sue the seller if it was in the contract, but it shouldnt effect you. |
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Pogo Addict
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Uneless it Was Stated That the pool Went With the house you Should not have to Give it back. And if your Friend Sold you the pool knowing it was to Stay With the house I would Be a butt and Make her pay you all the money that payed her for it plus the Cost of Filling it. |
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josh s
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no way! You paid for it then it's yours, unless they can prove you stole it. any problems call the police |
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JH
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Sounds iffy. I would call your lawyer or someone that you know that's in law to check me on this... but if you bought the pool before the house was purchased, you are entitled to keep the pool, since it's yours. :D |
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CapitalG
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No way, fight that. You will at least have to be re-embersed for what you paid for it. Did you get a contract from the previous owners? will they go to court with you and testify that they did indeed sell you this pool? Dont just hand it over. Take legal action. you have to the things you pay for. |
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philbertpheinstein
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Ask to see where the pool is mentioned in the contract. It's no different than a lawn chair setting on top the lawn. It's not attached to the property, so unless it's specifically mentioned as part of the house, it's yours.. |
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sparkle39399314
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no way, you paid for a used pool its yours possesion is 9/10ths of the law tell her to get lost. |
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disappearing
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Technically, since they sold it to you, you don't have to give it back--but that might screw your neighbor over. If your neighbor sold the house as "including pool" then she/he screwed themselves. You'd have to see the contract. If it's nowhere in the contract, then there is no problem. |
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Steph
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But you bought the pool from the old neighbour, and unless he sold the house with the pool, then the pool is yours... |
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marmar
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i personally wouldnt give it bck... u bought it right? its your x-neighbors problem now. |
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Jessie H
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I think you would have to see the contract to see if in fact the pool was part of the property to be sold with the house. If so, she shouldn't have sold it to you. Make sure you get your money back (and I would add some more to pay for the cost of the water you wasted). |
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Munya Says: GFOD
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An above ground pool is not technically "attached" to the house (an inground pool, is). HOWEVER, the sales contract she signed with the seller might have included the pool with the sale of the house.
HOWEVER, that contract was between the new owner and the seller (who sold you the pool). Tell her the contract was between her and the other person, go after THEM, and also to get the hell off your property or else you're calling the police, call your insurance company to make sure your pool is covered (when she trashes it) and then sit back and watch the drama.
Remember, YOU werent a party to their contract. If the seller sold the house "including pool" and then scammed and sold it to you, you are an innocent party. The buyer of the house has recourse against the seller, not you. |
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wildeyedredhead
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Don't give it back, if you bought it then you own it. Obviously it wasn't attached to the house or it couldn't have been moved.
Your neighbors wouldn't have sold it to you if they agreed to leave it for the new owners.
Chill out and enjoy your pool :D |
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baserunner316
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call your lawyer! most times the pool is an attachment and she should have thought of that before she sold it. but get a lawyer ASAP and call the attorney general office they might be able to help with the legal stuff. |
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