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The inclusion of a statement that the warranty survives and doesn't merge on closing is crucial because it clearly establishes that the buyer retains the rights to the benefits of the warranty even after the transaction has closed. In many real estate transactions, certain rights and protections associated with warranties may end at closing, leaving buyers vulnerable to future issues with the pool equipment. By explicitly stating that the warranty survives, it ensures that the buyer can hold the seller accountable for any defects or problems that arise after the sale. This additional clarity helps to protect the buyer and reinforces the seller's obligation regarding the equipment's condition.

While other options may seem beneficial for buyer protection, emphasizing that the warranty continues post-closing is a fundamental aspect of maintaining the buyer's rights in the agreement. This clause strengthens the buyer's position and clearly outlines the expectations related to the equipment's condition after the transaction has occurred.