I’m under contract to sell my home. I’m being told that I need to place a fiber optic light in my pool, to stay in contract. A pool light never existed when I bought the home and wasnt required under my FHA loan.

I’m under contract to sell my home. I’m being told that in order for me
to remain in contract, I have to install a fiber optic light in my pool.
I secured this home purchase under a FHA loan and this was never required
by the Seller to do. There is no fiber optic or pool light in place and
never operational, prior to my purchase. To install a fiber optic light,
it requires draining the pool, a core drill to the pool for a pipe and
fiber pool lead. It will also require trenching and conduit for a power
lead to the fuse panel. Am I truly required to complete such an
expensive build?

Asked on May 17, 2016 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, read the contract itself: what does it say about your obligations to either install a pool light or to bring the pool up to code? If there is nothing in the contract that could, by its terms, obligate you to do this, you'd only have to do it IF there was something in the marketing material implying there was a pool light or that the pool was to code...so next, you should check--
1) the marketing/advertising for your home; and
2) the local and state codes regarding pools--is a fiber optic light required? 
Again: you'd only be obligated to do this if:
a) You advertised a fiber optic light (you have to live up to the advertising, or its fraud) or the contract lists a fiber optic pool light;
b) The contract or advertising says everything, including the pool, is up to code AND this type of pool light is required by code.
Otherwise, there would seem to be no basis for obligating you do this, and you should not be in breach if you don't. 
Even if you have to do it, under the advertising, contract, or code, the other side can agree to waive that requirement and take the pool as is--you'd have to offer them something (e.g. money off the home's price; or to pick up some expenses for them), but if you do find that you have to do this but don't want to, trying to negotiate to pay them to waive the obligation may be worthwhile. Get any agreement in writing.

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