Swan Pools

Initial Business Response /* (1000, 11, 2014/06/12) */
Most of what the client explained is correct in that there are tiles that need to be repaired and the pool does need to be drained to do thisWhat they failed to mention is that the tile is THEIR existing tile, not tile we installed
Should also mention that during the quoting and negotiating period we STONGLY suggested that the existing tile should be removed as it was in poor conditionAs they said we have agreed to fix THEIR tile but the water would have to be drained down in order to have a mason go into the pool to make the repairOur last communication with them was that they did not want to drain the pool
Their complaint states they are now ready and the pool can be drained to the stepLet us know when they would like to schedule this and we will send out a mason at no chargeAny cost of water replacement and balancing of the water would be need to be provided by them
Thank you,
***
Initial Consumer Rebuttal /* (3000, 13, 2014/06/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The entire pool was tiledWe relied entirely on the recommendation of Swan Pools to remove a portion of the tiles and keep the otherWe were open to remove all of the tiles however were advised to keep them by Mike and Swan's masonThey did do repairs to the remaining tiles by replacing and re grouting what they felt was necessaryOn the steps most of the edge tiles were replaced
Swan had until May to respondWe have been waiting for over monthsSince it is a hazard to have a missing tile in the step we have already contracted a company to do the work underwaterThis will cost XXX-XXX dollarsWe want Swan to pay for this
During this drought crisis, it is not possible to drain the pool!!
It is amazing that a large company that was recommended by a real estate agent has been so irresponsible and difficult to deal with

Review: They built my pool with a warranty. We have called them 4 times since to have something fixed and they say someone will call but never do

Swan pools built our pool, during the building process we were never kept informed of the next step, after leaving multiple voicemails; we were finally able to speak to [redacted] and [redacted] Finally the pool was built and I admit that it looks beautiful.

Once we were ready to swim (roughly a week) we called [redacted] (the owners), cell phone on Sept 7th to tell him we had questions as well as a few minor issues with the pool. We waited a week (Sept 14th) and called the office and left a voice, they never responded, my wife called the office a few days later (Sept 20th) and [redacted] answered and stated "[redacted] will be in touch with you". We waited another few days (Sept 24th) called again and [redacted] said [redacted] is in your area and should call or stop by in a day or so.

Well here we are Sept 27th, still no response or anything.

We want the small issues with our pool fixed, but also are worried that they will not honor the warranty as promised in the contract. I had issues with them during the building and they got a little bit snippy with me, but when you are spending 30K, you would think a company would care about customer service. Also, they need to understand that this is a construction project and as they stated to me "things go wrong" well they have.

They told me earlier when I complained that they were going to red flag my account to expedite any issues, but I think it was to ignore me.

I shouldn't have to wait 3 weeks to get an answer, or wait until they are in my area. They are good at grabbing your cash, but sure not when it comes to customer service, or backing their product.

Desired Settlement: I want them to back their warranty. Also it would be nice for them to take some customer service classes, but I know that won't happen. I expect to be called back in a reasonable timeframe (XX-XX).

I'm tired of the open promises and excuses, this is a joke. And they wonder why I got upset during the construction phase. Apparently, I have high expectations, well I think 3 weeks for them to contact me is not a high expectation, but shows their low standards when it comes to service after they got the cash.

I will be filing a complaint with the State Contractors Licensing Board if I don't get the action that I want from this.

Business

Response:

Initial Business Response

We received this complaint on 10/7/13 due to the fact that it was addressed to our physical location and not our mailing address; we have not been in the office on a regular basis recently because the person who regularly works there has been off on a leave of absence. That is why this may be a bit late in responding.

As soon as we received the complaint we contacted the homeowner, Mr. [redacted]. In the meantime we had met with him at his residence and made a minor repair to the pool that he had requested so that by the time we got this his warranty issue had been handled. We assured Mr. [redacted] that all of his manufacturer warranties would of course be honored and that he could rest assured that we were available to him to address any issues or concerns that may arise. We have completed his project and have fulfilled our contract with him.

We apologized to him for any lack of timely response to his calls during and after construction and re-confirmed our commitment to him.

We feel that this meets his desired resolution and we will consider this complaint closed unless we hear otherwise from your office.

Review: Swan pools sold a new pool for $28,750 with a 10 year warranty on our equipment and an additional 5 year extended warranty in June of 2007. As of February 2014 our pool pump failed. After multiple attempts to get our product warranted, they refused stating that they are no longer in business. After attempting to have all contact done by email for my records, the owner called me (no email) and said he could have someone do the repair however I would have to pay for it.Desired Settlement: I would like for my equipment to be cover for the full warranty, 10 years which is on the bid and the additional 5 year extended I paid almost $900 dollars for. I would also like to be refunded for the extra work needed to be performed by my pool cleaning company while the pump is out of order. I have all documentation from the original installation proving my claim.

Business

Response:

This customer wanted us to replace a pump that was out of warranty. First of all, he misunderstood an extended warranty certificate he received at the time we signed contracts. It extended the standard warranty to 5 years from date of purchase. He sent us copies of a "bid" sheet he received showing 10 year warranty on pump. Unfortunately, the contract doesn't indicate anything about a 10 year warranty. We can only go by what is included in the contract. He also filed a complaint with the CSLB and I will e-mail our response to that complaint separately. This customer's complaint is unwarranted and we would like it removed from our record. Our contracts clearly state that all agreements must be in writing; in fact we have a separate form to that effect which every customer both initials and signs. The customer is a licensed contractor himself and should be well aware that a "bid" is not a contract.

Sent on: 3/3/2014

Consumer

Response:

I am rejecting this response because: I have attached some documents that clearly state a 10 year warranty and additional 5 year extended warranty. My pool equipment is still not working and the pool water quality is getting worse. This company didn't even send someone out to look at the issue. I hope this company decides to do the right thing and get this issue resolved. I have also contacted the CSLB. If I do not get this issue resolved I will call an attorney.

Sincerely,

Business

Response:

This letter is in response to Mr. [redacted]'s rejection of our previous response.

I have attached a copy of our contract with Mr. [redacted] for your review. Nowhere in that contract does it indicate a 10-year warranty on any of the equipment.

There are several places on the contract where it clearly states that "all agreements must be in writing" and that no verbal agreements or representations other than those included in the contract will be honored.

Additionally, we are not bound by a "bid" that we have never seen until Mr. [redacted] brought it to our attention. A bid is not a contract and is not a binding document. No swimming pool builder warrants equipment for 15 years, which is what Mr. [redacted] is claiming to be the case. His warranty was "extended" to five years, not "added" by five years. The document he refers to is provided by the equipment manufacturer to Swan Pools for our use to extend our customers warranty to five years as opposed to the usual one or three year period.

We would be happy to provide a bid to Mr. [redacted] to repair his pump if he wishes.

Consumer

Response:

I am rejecting this response because: Your business practices are clearly shady! I will never have anyone that works for this company touch anything. Your sales person "an employee of your company" clearly implied a 10 year warranty on my equipment with an additional 5 year extended warranty at a extra cost of almost $900. Your business practices are more than questionable, and just might be illegal! I am considering contacting an attorney.

Sincerely,

Review: Our pool was complete in August 2014. Pool pump hose constantly detaches from the wall. The hose or fitting needs to be replaced. When it becomes detached, our energy is wasted in addition to our pool staying clean. We have contacted the company, including personal contact with the owner, on several occasions to no avail.Desired Settlement: Fix the problem by either replacing the hose or the fitting.

Business

Response:

As soon as we received this complaint we contacted the homeowner and discussed their issue. It appeared to be a warranty problem so we contacted the manufacturer, met with manufacturer rep and homeowner and determined that there is a part of the pool sweep that needs to be replaced. That part is being shipped to us and we will install it as soon as it is received.This should resolve the issue and allow the complaint to be closed. We will notify you when the part has been replaced.Thank you!SWAN POOLSStockton Office

Review: Swan built our pool in 2005, and it included a lifetime structural warranty. Our pool has developed cracks along tile lines in several places. We finally got one person to come look at the issue two years ago,([redacted]) and he said it wasn't his problem. He gave us his card, but several attempts to reach him have been futile. Tiles are now falling off in different locations due to erosion from the cracks. It has been a very long as well as extremely frustrating process trying to get them to address this issue. One office refers us to another office, and back and forth it goes. We have tried to resolve this with them, to no avail.Desired Settlement: We want Swan to come out and honor their warranty and fix this problem.

Business

Response:

We are in receipt of the subject complaint and our response is as follows:

Swan Pools was contacted on 3/26/12 by Mr. [redacted], nto to inspect cracks in the pool, but to set up an appointment for an estimate to add a slide to the pool and to provide an estimate to re-plaster the pool and spa.

Upon inspection of the pool it was noted that the tile had cracked on the wall separating the raised spa from the pool. This is not a warranty item as it appears to be caused by earth movement, which is not included in our warranty. The area in question is well above water level.

We have complied with all the terms of our contract and are willing and able to provide the customer with a price to make repairs; however no warranty violations exist.

If you require anything further from our office (documents, copies of contract, etc) we will be happy to provide them .

Again, we are always ready, willing and able to make any repairs covered by warranty; however, we cannot repair non-warranty items at no charge.

It is our belief that the complaint is unwarranted and ask that the file be closed.

Thank you,

SWAN POOLS

Consumer

Response:

I am rejecting this response because:

We paid Swanpools over $60,000 for a pool and attached hot tub. The structural wall separating the hot tub and the pool (it is a two-tiered pool) has cracked all the way through. The defect is at water level in the hot tub, causing water to leach through the hot tub wall into the pool, destroying the integrity of the wall. It is covered by the guarantee.

When Mr. [redacted] came to our home and we showed him the tiles that were falling off, he told us that our guarantee on the pool was void because of some change in the ownership of Swanpools. That seemed odd to us at the time. And it does not appear to be true.

At the time we didn't understand the nature of the structural problem. Subsequently, we have had a pool engineer and another pool company come look at the pool. Both have indicated that it is a structural design flaw and that it is covered by Swan's guarantee.

The repair will involve removing sections of concrete, removing the tile, tearing out a portion of the structural wall, repairing the wall, then refinishing the pool. To fix the structural defect it is going to cost at least $14,000.

Mr. [redacted], the owner of Swanpools, signed our Swanpools Lifetime Structural Guarantee. We are eager to see if he will honor that guarantee.

Business

Response:

We are in receiptof the customer's reply to our response and once again are responding that this is not a warranty issue. The pool was built in compliance with all building codes in effect at the time of construction and was inspected during the course of construction by the City of Manteca to verify that.

Additionally, when we were first called out to the job by the customer it was to provide a price for adding a slide and possibly re-plastering the pool. The customer never got back to us after that visit.

We are attaching numerous documents and photos ; we believe damage to the pool is not caused by structural issues but most likely from freeze damage, improper yard drainage or earth movement, none of which are warranty items. Our contract cleary states our warranty and exclusions and exceptions to that warranty. Other documents clarify that the owner is responsible for yard drainage outside the pol an those forms are signed and/o initialed by the customer.

It appears that moisture has gotten behind the tile and has caused them to loosen, allowing water to get behind the tile. The evidence of efflorescence as shown in the photos indicates moisture behind the tile. If owner did not provide proper yard drainage outside the pool the water would have no way to drain away and would eventually cause the tile to pop or loosen. We believe the tiles may have loosened from exposure to freezing temperatures, allowing moisture to get behind them and cause the eventual damage. If the tile was improperly installed we believe the damage would have occurred within 6 months to a year from the time of installation and not 7 to 10 years later.

If the owner has written reports from an engineer and/or a pool builder, as stated in their response, we need copies of those documents for our review and consideration.

Swan Pools is ready, willing and able to provide and supervise any crews necessary to complete the work; the work can be done at exact cost with no profit to Swan Pools. We have done this on past projects; for example in 2013 we had a customer who had gotten a bid for $4,000.00 to complete a particular item and we were able to provide them with a crew who did the work for $2,000.00.

Swan Pools has been operating in California since 1954 and in the San Joaquin Valley since 1980; we are not a company that avoids responsibility and are always ready to help our customers in any way we can. We have consistently been voted "Best Of San Joaquin" pool builder by the public for the past 15 years and have always been in good standing with the Contractors State License Board and Revdex.com. Having said that, we cannot accept responsibility for non-warranty items.

We would be happy to meet with the customer to review the job and provide assistance as to what needs to be done.

It is our belief that this is not a valid complaint and request that it be removed from our record.

SWAN POOLS

Consumer

Response:

I am rejecting this response because:

Dear Revdex.com,

First, thank you for your time, assistance and efforts in this matter.

We accept the offer to have someone representing Swan Pools come to our home. We only ask that it be someone who is qualified to assess the structural problem with our pool.

This is not about a few loose tiles. The structural wall between the hot tub and the pool has failed, it has cracked all the way through from the hot tub to the pool, and it has shifted.

Given our experience thus far with Swan Pools on this issue, it is our expectation that this matter will ultimately be resolved in the legal system. At the conclusion of that process, either Swan Pools will fix the structural defect, or the document that we received with the completion of our pool titled Swan Pools Lifetime Guaranty will be exposed as being a worthless piece of paper. If the latter happens to be the case, potential buyers of their pools should be notified and warned.

We respectfully request that the Revdex.com keep this case open until we have fully resolved this matter. This will likely take some time. We commit to report back to you on the final resolution.

Signed,

A very disappointed and dissatisfied customer.

Business

Response:

Upon receipt of your telephone call today we are responding as follows: