Attorneys and Seller refusing to honor Offer to Purchase condition: "Swimming Pool on the Property to be in working condition"

I have been in the process of buying a property and the transferring attorneys for the seller were the abovementioned attorneys which worked with my attorneys Louw & Heyl appointed by Standard Bank, my bank at the time of sale on 9 October 2024.

We have been requesting the seller and his attorneys to attend to the swimming pool since we were allowed to occupy the property prior to registration on 5 October 2024 to no avail. After a formal letter written and before registration of the property they responded that they will set aside R50 000.00 should a leak be found in the swimming pool but only for 7 days after which same would be disbursed to their client again. Obviously no leak would be able to be proven in seven days and they continued with the deal and all the funds were paid over to their client hence the pool still being in the same condition as we found it and we could not prove a leak. we have since complained at the Legal Professions Counsel but they claim that we are just being "Malice'. We have now found our bond insurers to come out and inspect the swimming pool and render their report. this is what the report stated last week. And I don't think this is just done out of Malice on our part but a huge sum of money that is needed to fix this swimming pool to be in a working condition. Dear Client,

Our previous correspondence herein refers.

After careful review of the service providers report, we regret to inform you that your claim is a possible rejection and we have set out the details below which have been referred to your Insurer:

The service provider stated that the visible damages found at the insured's swimming pool are due to gradual ground movement over a long period of time. On further inspection, the service provider found that there are two horizontal structure cracks of approximately 5m each on either side of the length of the pool. The one crack appears to have been patched at some point but has opened up again. There is a third vertical structural crack in the deep end of the pool. The crack start in the brick paving, which appears to have been previously patched, extends down through the mosaics, and down the wall of the pool for an approximate length of 30cm. This will allow water to seep through the structure of the pool. There is no indication of an insured event.

This is also a random quote: Here's a potential quote for fixing the pool:

"Based on the inspection report, it appears that the damage to the swimming pool is due to gradual ground movement over a long period of time, rather than an insured event. To repair the structural cracks and prevent further water seepage, we recommend the following:

1. *Crack repair*: Inject epoxy or polyurethane-based sealants into the cracks to restore structural integrity. 2. *Re-patching*: Re-patch the areas around the cracks with suitable materials to match the existing finish. 3. *Pool re-plastering or re-tiling*: Depending on the extent of the damage, re-plastering or re-tiling the pool may be necessary to ensure a watertight seal. 4. *Drainage assessment*: Assess the pool's drainage system to ensure it's functioning properly and not contributing to the ground movement issues.

A detailed quote would require a thorough assessment of the pool's condition, but the estimated costs for the above repairs could range from R50,000 to R150,000 or more, depending on the complexity of the work and materials required.

It's essential to note that, as per the service provider's report, these damages seem to be a result of gradual ground movement, which might not be covered under the insurance policy. If you wish to dispute this assessment, you may consider obtaining a report from your own qualified service provider."

Please help us to resolve this matter of a Latent Defect that was blatantly not declared by the parties involved.