Selling House with No Pool Drain Cover

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Selling House with No Pool Drain Cover

I sold my house and am closing this Monday. Our pool does not currently have a drain cover on it (which the inspector did not even notice…) I tried to put a new one on, but couldn’t. It’s very dangerous to swim without a cover on the drain, so I am going to tell the new owners they need to have someone put it on before swimming in it. If something should happen to someone because they don’t put the drain cover on, will I be liable? I don’t want anyone to get hurt but I also can’t do anything about the cover before Monday. Please help!

Asked on June 27, 2009 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may be liable.  States like Florida do have certain requirements, and you should to be safe spend the money and have someone install prior to closing or relinquishing control.  Why? Peace of mind and also to ensure the new owners do not come looking to you for money.  Simply telling the new owners is insufficient.  Pool negligence laws in states like Florida are quite serious. 

Hope this helps.


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