by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C.

Question: The buyer has presented an offer to purchase a home with a swimming pool. There is no fence around the swimming pool. The buyer has small children, and has requested in the buyer’s offer that the seller construct a fence around the swimming pool. The seller has refused to accept the buyer’s offer. If a buyer has small children, is the seller required to accept the buyer’s offer?

Answer: Probably not. The Fair Housing Laws do not require a seller to construct facilities for the protection of small children. Note: Under the AAR Residential Resale Real Estate Purchase Contract the buyer is required to pay for any costs in constructing a fence or otherwise complying with swimming pool barrier laws. If the buyer does not want to pay these costs, the buyer can cancel the AAR Contract during the inspection period.

 

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