ComplaintsforBuild Your Own Pool of Georgia, LLC

• Initial Complaint

  01/11/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Date of Transaction: Oct, 7, 2022 Amount of Transaction: $8,200 Build your own pool of Georgia promised to help us build a pool in our back yard. We agreed that if we had to move the septic system to the front yard we (home owner) could not afford the additional $25,000+ to move the septic and BYOP, sales **** ************************ said that was not a problem and we could back out of our agreement if that ended up being the case.After *********** *********** inspection, it was clear that the only solution to build a pool in our back yard was to move the septic system to the front yard for $25,000+, we cannot afford that additional cost as I had indicated from the beginning.I spoke with ***************************** on Jan 11, 2023, requesting that we cancel our agreement and that BYOP refunds the $8,200 that we paid on Oct 7, 2022. ***** stated that she will not refund the money even though we have not even broken ground or received one single permit yet for the Pool.My ask, in my opinion, is fair, please refund the $8,200 that was paid on Oct 12, 2022, as this was agreed to by my sales representative of BYOPG, *********************** at the time of signing, and when we walked our yard multiple times beforehand.

  

  Business response

  01/12/2023

  This is completely untrue.  Attached is a copy of my contract, and it is highlighted that we do not refund deposits. ****************** has known since the first visit from the septic company he hired to move his tank that there was no way the county would allow him to build a pool without moving the septic lines.  ************ is the company he hired and they told him this 3 months ago.  He was stubborn and felt he could get around it somehow.  I called him to go over this with him the day I spoke with *****. My sales person asked me to explain it to him as she felt he was not listening to her.The facts are simple, ****************** or the previous homeowner did an illegal

  repair to the septic system, without getting approved from health department, the health department is required to do a site visit and give us a letter in order for us to apply for pool permit to build pool.  When someone has done an illegal repair or work without a permit, the health department requires them to bring system up to code with all applicable permits.  ****************** was well aware of this, as we talked about it. He seemed to think if he moved the pool to another part of his yard that he would get this past the Forsyth County Health Inspector.  ****** , at his request, re designed the pool in another area.  We have a $500 charge to do this after contract and plans are signed , however we did not charge him this fee to re design and re print all of the plans.  I met him in his yard with ****** (the sales person) to go over this, I was clear that it was still likely he would need to move his septic to the front yard as ************ had already told him.  HE did not ask at this time (with myself the owner present) if he would be refunded, nor did he say he would not move septic to front if that was the requirement of the Health Department.  HE simply said he preferred NOT to move it to the front if possible.  ***************** has been very dishonest.  He called **************** yesterday 1/11/2023 and told them he wanted to dispute the charge to his card, they told him it has been 96 days and it was too late.  SO then he turned it in as FRAUD.  This was not fraud, he signed a contract on 10/7/2022 it had a 3 day recission period for him to cancel.  He then started saying he paid us on 10/12/2022 as that left him within his 90 day window yesterday.  This customer came in on 10/7/2022 he signed contract, selected materials, signed off on plans, provided his credit card for deposit.  Since then he has requested several meetings, we have had to go back and forth with the septic company for him, who was clear and honest with him from day 1.  ***************** threatened me that if I did not refund his money that he woudl go to BBB, the ******************** the news etc. He also told me my employee made a promise , which is outside of her scope, and she has never done anything like this before in 2 years.  She did not tell him she would refund as she doesn't have that ability.  IF we make a deal with someone like this it is written into our contract in the notes at the bottom.  This was not done.  I can forward his e mails to you if you wish as well where he acknowledges signing contract and paying his deposit, as I know now he is trying to make this fraud.

  As always, I do the right thing. Had he come TO me and not AT me I would have likely given more, but as you see in my letter to him, I offered to make him whole on the septic move even thought that is not my responsibility. I do not believe this is a case of he can't afford to build the pool he contracted for, I  believe he has all of our materials and contractors and feels he can do it himself for less.  

   

  Customer response

  01/12/2023

   
  Complaint: 18720929
  
  I am rejecting this response because: ** Services were rended according to the agreement, only a three ring binder was provided to us for $8,200, to me that feels like a scam.  I am not the only person that this has happened to, here are 9 other reviews that I have found online that ***** and Build Your Own Pools of Georgia has done something very very similar.

  *********************************;
  
  ***********************
  
  ***********************
  
  ***********************
  
  ***********************
  
  Please refund the $8,200 that your salesperson assured me would be refunded if you could not build the pool due to septic issues.  Please honor your salesperson's word.
  
  Sincerely,
  
  *************************

  

  Business response

  01/12/2023

  Again the contract was attached. Please read the highlighted areas of my contract 3 1/2 months of work were performed. Several meetings with different contractors and employees of mine. Multiple designs and services were rendered. My contract is an agreement for ***************** for the pool and that is exactly what was provided ****************** is in breach of contract, and he is upset about that. Weve built **** pools in Georgia and of those reviews hes showing three of them are from customers who I had to file lawsuits against for not paying their bills and the rest are from our competitors, so you can find bad reviews on anyone out of **** pools if he was only able to dig up nine thats a pretty good record. My relationship with a Better Business Bureau is fantastic. You might want read some of my reviews that are on that site because those are legitimate customers that are verified  

  Again nobody  promised to refund this man , hes making that up, again look at whats in writing in my contract he signed the contract. Nobody forced him to do it and he has had phone calls and meetings with me over the past 3 1/2 months and never brought up a refund until yesterday. Again, hes upset that the answer is no because of the amount of time we have into this job and because of the way he came at me. We will not be giving this customer a refund as he has consumed a lot of our resources and time, and he is in a binding contract. We will be taking legal action against him, seeking the balance due on our contract and other legal remedies based on his slander and defamation. We are standing firm on this as we do not want to encourage fraudsters. As a company, we have had 2 cases where a permit could not be issued and pool was not built, in both we were not obligated to refund money, but we did in good faith, Im happy to provide you with those customers. This situation is different, first the customer was aggressive and threatening when he came at me, and second we have communicated all along and so did his septic company that the health department was not likely to give in on him, moving the septic to the front yard. This is a situation that he caused and he wants my company to bear the brunt of his error. We did not move his septic illegally. We did not repair his septic illegally. This was done by him or the previous homeowner. Either way he was aware of this. If indeed, he wanted a refund, if things didnt work out the way he wanted. He couldve asked us to write that into his contract, and if we were willing to except it under those circumstances, we certainly wouldve done that we have done that before. But this situation is different in the fact that this customer has been dishonest and manipulative. And to lie and say, and ******** told him some thing that she didnt is incredibly deceitful. 

  Customer response

  01/12/2023

   
  Complaint: 18720929
  
  I am rejecting this response because: it does not offer a mutually agreeable solution.

  My request is very straightforward, please refund the $8,200.  If you have an alternate offer, I am open to considering it.

  Sincerely,
  
  *************************

• Initial Complaint

  07/25/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Per contract, BYOP is a consulting/design firm to assist with the process of building a pool. The contract states the business owner, *****, is not a contractor. Please see line item "Tile and Coping" on initial budget/contract signed by all parties. Tile and Coping is quoted at $11203. On 5/26 we paid the deposit of $2820 required for this item to BYOP. The employee at BYOP deducted the $2820, in writing, from the paper copy of the contract/budget. Leaving a balance of $8383 for this item. After installation, we received an invoice for tile/coping of $9123 from BYOP and were told this was from *********************** the sub-contractor who completed the work. We were then told by BYOP that the $2823 deposit would not be applied to this invoice as ***** had purchased the tile separately. ***** also told us the invoice we received was created by her, not by ***********************. **** initially told us his invoice included all material, but later recanted this and said ***** did purchase the tile. We have asked **** to please provide his invoice and he initially stated he needed to come and measure to be able to provide an invoice and then recanted and said we owe $9123 which we agreed to pay. We have requested an accurate invoice created by *********************** for his work and have not received. ***** has bluntly denied our request for a receipt for any materials she claims she purchased. ***** has now denied us access to the coordinating app for our project. We submitted a written request for a refund of her fee, as she will not be completing our project. She has denied this request. We also submitted a written request for any pool material she has in her possession which we have already paid for, including the pool cleaner. She has not responded to this request. ***** has also told the subsequent contractors scheduled for our job that we "do not pay our bills" and now these contractors have refused to complete the work.

  

  Business response

  08/31/2022

  The customer did pay a tile/coping deposit which is customary to purchase the materials the subcontractor does not purchase.

  The "budget" they are referring to as a "contract" specifically says on it that it is a "budget" not a "contract" and that pricing is subject to change with market conditions.

  It clearly said pricing was  only good for 30 days,  between the time I quoted this job and they got to that phase it had been months.  I quoted this job  March 21, 2022, they signed a contract and selected materials end of May,(5/31)  Pool was dug 6/6/22, tile and coping went on 7/11, so 4 months went by between quote and stone work. 

  What is interesting is when invoices came in WAY under budget, they were not asking to pay extra, the process was clearly explained to them at time of contract.

  They called me a "theif" as If I was trying to "steal" their money. MY contract states that if a customer is not paying their bills and not cooperating with the process that I have the right to renegotiate my fee or cancel the contract.

  I provided an ************************* spent, however that was not good enough for them.  **** ,our *****, lost his wife recently who did his invoicing and for the past 2 years we have done that for him, he texts us his measurements and pricing and we create and invoice for him (with his name and address) and the customer is to mail him his check.  This customer told me that was "dishonest' and I disagreed, this is what we do to help him out.  The payment was not to be sent to us. 

  **************** sent me an e mail stating she did not want me managing her project anymore, so we archived it from the app.

  AS far as subs they can chose to work for anyone they want, they were aware of the "accusations" made toward us, and if they chose not to do work for these people that is their prerogative. These are all independent contractors and I can not force them to do anything.  They are all friends and talk and it did get around that they were making unfounded accusations because one invoice came in slightly higher, so my best guess is this is why they may have said no to working for them. The Minceys have their plans we did provide to them and they have the right to hire anyone they want for each phase to complete their project. They were not paid ahead as they pay each phase as it is completed. 

  This customer was, at the time of this complaint $3000 UNDER budget in total ,and they were complaining about one bill that was slightly higher because of increased costs in the market. 

  My contract states my fee is for the designs and my book, we manage the project as a courtesy, but we are not obligated to do so.  When this customer accused us of being a dishonest and demanded their money back, and told me IN WRITING that she did not wish for me to manage this project any longer,  was when we cut them off from our scheduling app. 

  We delivered their cleaner to their house on 8/19/2022 ******* from my office called and spoke with **************** and was told to "leave it on his front porch", this home is way off the road so nobody would have seen it, so this is yet another attempt to call us dishonest, when indeed this customer is dishonest. 

  It is unfortunate they thought their "blackmail" would work with me, they said if I did not give them money back and make my subs finish their project they would contact the BBB, but as the BBB knows we have many very happy customers and when there are problems we do fix them , as long as we are not threatened. 

  My believe is our company was targeted by these people in an attempt to get more than they pay for , because again based on the "actual invoices" they were $3000 Under the budget which they signed and agreed to pay.

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