Complaint Improperly install an in-ground pool and will not refund deposit. Prices are triple compared to retail price. On 7/19/13 we signed a contract with Hutch Pool and Spa and gave him a $3500 deposit. Upon further investigation and research, Hutch Pools was only going to use dirt as back fill for an in-ground pool when it is common practice to use gravel for backfill. In addition, they wanted to charge $2000 for a $400 pool cleaner. Every time Mr. ***** ********** came to our residence the price of the pool increased. We decided we did not want an inferior product so we told Mr. ********** that we did not want him to build our pool and requested our $3500 deposit back. He declined to return our deposit.
Desired Settlement $3500 refund
Business Response Contact Name and Title: ***** *********, ***** Contact Phone: XXX-XXX-XXXX Contact Email: *********@*********** On July 19th, 2013 ***** ********* met with *** & ***** ****** and gave them a bid on an 18' x 32' keyhole pool with a Polaris 280 cleaner, underwater light, and safety cover. It was explained at that time that we would have to have access to the site and a tree would be damaged. It was also discussed that if they wanted the pool back filled with gravel there would be an additional charge because we normally backfill with the original dirt excavated from the site unless the home***** specifies otherwise. The bid was for 35,000.00 and a contract was entered into at that time for the agreed upon amount. On that day they put a deposit down of 3,500.00 with check number 3014 and at that time the customer opted not to backfill with gravel. On a later day *** contacted us about the cleaner saying she could get it cheaper and asked if she could trade the cleaner cost for another item. The cleaner priced was for a Polaris 280 and not only included the cleaner but also pump, plumbing, and labor to install. At this time we agreed to transfer the cost of the cleaner to a heater that she was wanting. When we went to lay the pool out she then told me we could not bring the concrete truck in her yard and that we would have to pump concrete from the road. I again agreed and gave her the additional cost for pumping concrete. At this time I reiterated that I would use the excavated dirt to backfill the pool since she would only allow a backhoe and skid steer loader in her yard. She also was reminded that there would be damage to a tree. A few days later *** called us and said she no longer wanted us to build her pool because we would not build her a good pool and she was going to cancel the contract. We told her we have been in business for over 37 years and have had an ongoing A+ rating with the BBB. We told her that in no way do we build an inferior pool and our prices are in line with those in our area. She told us she still did not want us to build her pool and was willing to give up her deposit in order to get out of the contract. We then told her that would be fine and asked her to send us a signed statement to that fact. On August 20, 2013 ***** faxed us a letter saying that they had decided they did not want ***** Pools to install their pool. This statement was signed by ***** and *** ******* Approximately a week after the fax ***** called wanting his deposit back and told us he expected us to "do the right thing". We asked ***** if he remembered he had read the back of the contract which stated his deposit was non-refundable. He said he did but expected his money back anyway. In our contract under Buyer Obligations subsection C it says "Should the Buyer, prior to commencement of installation or if installation is not included then prior to delivery, either cancel this agreement or become unable for any reason to perform same, Seller may at his option recover from the Buyer as liquidated damages his actual costs incurred plus any deposit made hereunder". I hope this clears up any questions in this matter.
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) After dealing with other contractors over the past few weeks we learned that utilizing gravel to backfill an in ground pool is the proper procedure. Otherwise, there is a good chance that the pool can collapse. In addition, other contractors have voiced their opinions about ***** ************* qustional practices and agreed that he is one of the guys to avoid.
Mr ********** provided us no services so I want my $3500 deposit back so we can move on.
Final Business Response According to our contract and our rights within we are declining the request made by Mr. & Mrs. ****** to refund their deposit of $3,500.
We want to thank the BBB for their help in this matter.
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