I have my buyers request that in the Contract, Praful. The sellers need to have it prepped & for inspections. 

If it's bank owned, the buyer. If it's privately owned, I would think the seller would want to cooperate with the contractual requirements of the inspection addendum, but I haven't seen that contract. 

the seller is responsible to provide access to the entire house and surroundings until the buyer removes their contingencies within the agreed time...

According to our contracts it is the seller.

I am sure the ice will be melting in a few months, will let you know then.

I would hope that whoever wrote the offer had the foresight to write that particular term in with the pool inspection so there was no confusion.  And if the buyer's agent didn't, that the listing agent countered with specifics.

I agree with Kenneth J. "Ken" Jones, Associate Broker . I see to much liability here for me or any other agent to take on here. Consider this scenario, you as an agent open the pool and close it after the inspection. A neighbor kid scales the fence to sneak in for a swim and drowns. Can you PROVE you locked things up when the inspection was over. Do you think for a minute you wouldn't be named in a law suit over the kids death?

Seller is responsible 

Seller - but just to assure no issues arise, I would clearly write that into the contract.

Seller opens it and buyer pays to close it back up if necessary

What does the contract say about pool opening? What did buyer and seller agree to and is it a bank requirement in underwriting the pool is ready to swan dive into before closing? We have more lake camps than backyard pools in Maine Praful Thakkar .

I've never had a swimming pool inspection, so I don't know for sure. About six or seven months a year, it's too cold to open the pool here (if there is one). So, as with an air conditioning system, it can't be inspected. The rest of the time, I'd guess the seller should make sure it's in "ready" condition just in case it needs to be inspected.

Seller, or someone per his/her request.

Seller.

It would be best, in my professional opinion, that those matters get addressed in the contract before they are presented and accepted by the seller. 

Whoever the contract provides for.
If I was the buyer's agent, I would definitely make sure that the seller was named as responsible.

The seller of course. Living in Arizona, I never thought of that... what if the pool is winterized and frozen.... good question.

  What does the contract say?   Our standard forms put it on the Seller.

Here in NH it is similar from the end of May to September. Usually it depends what it is in the contract. Many times when the pool is not open, the buyer pays to prepare a closed pool to be inspected and pays to close it again. I do have some buyers that ask teh seller to open ad close though too.  

It's customary for the Seller to open the pool for inspections. On short sales & foreclosures we ask the buyer to bring in a professional pool company if they want to inspect the pool. 

It depends on when the home is being sold.  If  in the middle of winter the buyer's agent inserts a clause in the offer and gives the Seller until say June 14th to open and inspect the pool by a professional pool company. If pool company finds anything wrong with the pool, or the liner, or the pump, etc., it is the Seller's responsibility to repair it.

Pools and contracts in the northeast.... ugh!  I'd say the seller is responsible but it's funny how often the sellers quickly step away from their pool & become disinterested the minute they're under contract.  In our area, we need to negotiate this all up front, make sure attorneys effectively address it in their approval process, & consider holding funds back depending on the time of year.  

check the purchase contract for responsibiility/  I'm in Southern California and our pools are typically open year-round.  

Up to seller to make the pool available for inspection; up to buyer to do a pool inspection and pay for it.

Sorry, no help here. In Florida they are year round..
I know they muxt be clear, and operational for lender requirements , but that be different in a seasonal area.

in Georgia unless otherwise specified the seller is responsible.  However in winter sellers sometimes counter that the buyer is responsible for "re-winterizing" pump post inspection if there will be more freezing weather prior to close.  Pools are rare in our market though, so it's not a common thing to happen.

I would assume the seller... but our pools are open year round out here.

"Opening the outdoor swimming pool" you make it sound as if is a community pool, which then the contract should be written that seller is responsible to arrange this. If it's snowing and frozen well how can they test the equipment? If no access is granted I would think this is a red flag that the pump is non-operational and other things need repair 

the seller ....it's his pool....the home inspection must have every facet of the property available for inspection....

should be specified in the contract, here the contract specifies the Seller.

Must be in the contract hopefully

Whoever has the most to gain....

Praful,

Debe Maxwell, CRS gave you a good answer. A

Seller

Follow the terms of the contract.

The wording should require the sellers to have the pool ready for an inspection.

It probably should be the seller.

Usually the seller and it is a contract requirement.

Go by what the contract says.

Open as in public pool? No inspection.

Private pool would not need "opening" would it? I'm a CA man, not sure what you frozen folks do out there with you winter pools, but seller must provide access.

I believe in most cases it would be the seller's responsibility.

Good question, not sure.

We do not see many pools around Denver, too short of a season.

It is still the seller's property. If cannot be opened in winter, can leave some amount of money in escrow until inpection can be performed, in case there are issues.

IMO it's always the seller unless it's an REO or other odd ball sale

Seller is.  If it is a problem maybe they should have waited until he pool was ready to be open before trying to sell