Is the cement sidewalk surrounding a built in swimming pool, considered to be part of the pool’s structure?

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Is the cement sidewalk surrounding a built in swimming pool, considered to be part of the pool’s structure?

I sold my home recently, that had a built in pool. A pool addendum was added plus $5000 in escrow that stated the pool structure, the pool, and all related pool equipment had to be operational at the time of pool opening. Everything was up and operational at pool opening, however now the new owners are claiming 2 cement slabs which comprise part of the entire sidewalk around the pool, are settling and have to be replaced. They want to use the escrow funds to fix this. My contention is the cement walk around the pool, is not part of the pool structure. The pool structure is the gunnite, steel rods, etc., which comprise the 4 walls of the pool. The cement sidewalk, grass, dirt, surrounding the pool, simply support the pool structure. Am I correct?

Asked on June 12, 2019 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Is the sidewalk necessary to the pool or not? Does having two slabs settling compromise the pool--e.g. make it more likely to break or leak?
If the sidewalk is not necessary to the pool, and if what happens to the slabs does not effect the integrity of the pool, it is not part of the pool structure. 
That said, if the buyers won't sign off on a release of escrow, you'll need to bring a legal action (lawsuit) to get a court order for its release. That will cost money and take time--months at least. You may be better off trying to settle with them--perhaps you and they can split the cost.


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