Backyard Pools of California, Inc.

Gentlemen:      I apologize for the delay in responding to your letter of December 30, 2016 and January 10, 2017. I retired and closed Backyard Pools on December 8, 2016 after 30+ years. In the forwarding of the mail these letters did not reach me until 1/17/17 and 1/20/2017...

respectively. I am familiar with [redacted] who purchased an 18'x38'x52" pool. She originally put a deposit on a Copper Canyon Pool model which had a 7" top rail and 35 year warranty but when it was time to pick up the pool it wasn't in stock so the same size pool but a more deluxe and expensive model was substituted without any additional charge to her. She was aware of this substitution and that the integrity/blue glacier pool which has interchangeable parts if she were to ever need parts. She called close to a year ago saying she didn't have any paperwork although in contacting the installer he said he personally gave her all paperwork; i.e. install instructions, parts lists, and warranty papers for the pool, liner pump and filter. I got a duplicate of all of the paperwork which she was to have picked up and had it on my desk for close to a year until the store closed. She never came to pick it up or have someone else do it. I did notify the installer of the possibility of a leak however as the warranty states, it is the responsibility of the pool owner  to locate any leaks and either patch the vinyl or take the defective part to a Doughboy dealer.  The liner has a lifetime warranty on seams and punctures, and rips or tears can be successfully patched under water. In summation [redacted] has the pool she purchased and it has been installed without problem for over a year and has been backfilled around with a cement slurry mix. It would seem in my opinion that [redacted] is dealing with is more of a maintenance issue that getting the right pool on the installation of same. Sincerely, [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Review: I shopped for a pool and found that a doughboy would be best for my budget.I found Backyard Pools of California, they were a distributor of doughboys and very close to my house. I went in and got prices for the pool,cost of installation, and the cost to have the pool installed inground. They quoted me a price of 4435 for a 16x32 pool,steps, pool pad, and coving, also they included price of installation and the cost of dig. The installation was 2000$ and the cost of the dig was+/- 3500$. They required a deposit before they would contact their excavator and then put him in touch with me. [redacted], their referred digger came to my house and assessed my job. The only contract was an email and a verbal agreement, the cost to my estimation was 5910$. [redacted] came out broke my fence and took no responsibility for it and left me the 250$ repair bill. While in the middle of the dig he ran into hard pan, there was never any spoken or written disclaimer that the price would increase due to hard pan. He charged an additional 500$. Then he tried to charge me for dirt disposal in the tune of 1125$. I was told 4 loads 90$ per hour 360$. Also [redacted] installed my pool at the high grade mark in my backyard instead of at the lowest grade in my yard... now my pool is out of the ground 12" closest to my patio. [redacted] was a piece of work. I ended up paying [redacted] 6650$ to get him to leave my property. Lynn at Backyard Pools facilitated this for me. I hol;d her responsible, this was her contractor she referred to me...My pool has since been installed and finished. The installer [redacted] did a great job. Now I have to look at my pool and have to change my whole landscaping plan because the pool is inground and finshed due to a crappy excavation. I asked Lynne for a discount of some type, she gave me a 100$ credit.. I just spent 6500$ on a pool and supplies plus the cost of her excavator 6650$, over 13000$. I expect more she facilitated this fiasco and she should take more than a 100$ worth of credit responsibility.Desired Settlement: I asked her for a 1000$ credit, that is the difference between their quoted price out of their cost book and what I paid to Kent less the fence damage. I feel that is fair if she is going to facilitate the job she should bear more responsibility.

Business

Response:

Mr. [redacted] did purchase a pool from Backyard Pools on 07/19/14. He did come into our retail store on multiple occasions with questions regarding the products he was buying from us as well as if we had excavators and / or installers we could recommend. We explained that we did, that it’d be two different groups, and they ran their own businesses, but to get the process started he would need to put a deposit of 20% of the pool price down, for us to hold the pool In stock, which was totally refundable if space, budget or access etc. did not meet. Backyard Pools has a price list on installation which we explained to Mr. [redacted] was easier to estimate, as it is the same in every yard once the hole is made. On excavation there ¡s no price list because there are too many variables such as access, starting point, leveling dirt, hard pan, where hauling dirt off to (if needed) etc.; we did indicate that it would probably be about $ 3,500 +1- based on previous customers’ experience. (Nothing was said by Mr. [redacted] about a tree which needed to be removed, or a concrete retaining wall which had to come out. Certainly nothing to imply they were to be included in that $3,500 ÷/- estimate.) Backyard Pools does not go to a customers backyard and has not been to Mr. [redacted]’s backyard.

Backyard Pools contacted [redacted] and [redacted] of [redacted]’s [redacted] giving each of them Mr. [redacted]’s name, telephone number, the size of pool he purchased and a brief description such as in the ground half way or all the way in the ground, top of ground, flat bottom or deep end.

[redacted] then went to his backyard and was directed by Mr. [redacted] as to where the pool was to go, how deep etc. and [redacted] received an estimate for the cost (copy of email from [redacted] to [redacted] ¡s included). [redacted] and [redacted] reached some type of agreement I assume since the excavation took place.

[redacted] came back into Backyard Pools and complained about [redacted]’s pricing saying things such as hauling wasn’t fair--- didn’t take [redacted] long to remove the tree---didn’t know about the hard pan etc.. I said I would talk to [redacted], but if someone asked today $ 3,500 +1- would still be a reasonable estimate to expect without trees, retaining wall etc. In discussions with [redacted] it sounded as if [redacted] and he had come to an understanding. [redacted] also wanted to know if the install was going to be more than what we said he should expect. I contacted [redacted]’s Pool Installation who confirmed it would be the same as the price list showed unless he wanted anything extra done, such as hard plumbing etc.. The pool was installed.

Later, I learned that [redacted] stopped payment on the check he gave [redacted], then notified [redacted]. After their discussion, my understanding is [redacted] reduced his bill and went to [redacted]’s house to collect his payment. Which was made in cash apparently with both parties agreement.

Also, within our general discussions at Backyard Pools we would have told [redacted] that the excavator did not require a permit, nor did the installer or Backyard Pools, but if he asked the city or county they would say yes. It is my understanding that [redacted] chose not to obtain a permit.

Backyard Pools receives no kick back, referral fee or commission from either the excavator or installer, and never has.

If the issue is the $3,500 +1- dig cost, that seems to be something he agreed to with [redacted] and should be taken up with [redacted], not Backyard Pools since the businesses are not connected ¡n any other way than we know [redacted] has the equipment required and knows how to dig for our pools. The $ 100- credit Backyard Pools extended to [redacted] was only a gesture of empathy / customer service, not an assumption or admission of guilt or blame.

Backyard Pools facilitated “the job” by putting [redacted] ¡n touch with [redacted]. When the bid was received, [redacted] had the option to hire [redacted], find his own excavator or cancel the deposit for a full refund. We are known to tell customers that our installers do not care whose finger prints are on the hole.

Sincerely,

CC: [redacted] - [redacted] - [redacted]’s [redacted]

Complaint Involves:

Contract Disputes

Only contracts were between [redacted] and [redacted] and [redacted] and [redacted]’s [redacted]. Backyard Pools is a retail store therefore the product choices he made were on asales ticket along with sales tax and total price of products purchased.

Customer Statement of Problem:

Response see letter in general

Complaint Background

Product / Service: $ 3,500 dig, contract and / or agreement entered into between [redacted] I [redacted] and [redacted] not Backyard Pools

Name of Salesperson:

Purchase Price: $ 6,552.89 Received everything on sales ticket attached. Disputed Amount: $ 1,000.00

The product choices and costs were fulfilled without dispute.

The install was completed by [redacted]’s Pool Installation to [redacted]’s admitted satisfaction.

The excavation was contracted by Mr. [redacted] and [redacted] including, but not limited to tree and retaining wall removal, leveling, pool with deep end dig, drainage concerns and hauling dirt away.

All cost of product / installation / excavation was agreed to by Mr. [redacted] prior to execution and appears that hindsite or remorse is the basis of his complaint

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.