ComplaintsforBackyard Living, Inc.

• Initial Complaint

  04/08/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  we put a $18,000.00 down payment on a pool 01.01.22 and was told the install could be scheduled for late spring. The pool was a return and was in stock, so we would not have to wait on the install. We had to coordinate landscaping and fence install, which is set for May 9th. When we contacted ***, the salesman at Backyard Living we were then told the pool install would be late summer or early fall, which is not what we were told or we would not have purchased the pool. We would like to have our down payment refunded, as we cannot get a set date for the pool install...we have asked several times. We were lied to over and over and they are telling us they cannot give us a date for install, which is no way to run a business. I have text messages stating they could get us on the list for late spring, which would be May/June time frame. Dealing with the owner **** is not at all helpful, as he would not listen to us. The text messages for install are attached for reference.

  

  Business response

  04/22/2022

  ************** did sign a pool contract agreement on 1/1/22 with Backyard Living Inc. I presented the agreement, reviewed all details on the agreement and all three of us signed the agreement on 1/1/22 at the customer’s home. The time frame that I presented to them was via text message on 12/28/21 was late summer. On 12/28/ I also state it via text that it “may be possible for a late spring install, but would need to receive ****** (the owner) approval for it first. As stated, I did tell them that they would be added to our install list after receiving their down payment. Even by telling them late summer, the range of dates could be affected by many conditions as stated on the contract. The construction time of pool projects are all approximate among them being Acts of God, weather and other reasons beyond the contractor’s control. I did tell them that the specific installation date demand from our customers is not possible to answer. None of our agreements have a hard install date and the contract verbiage explains why. I have recently told them late summer, early fall is our best estimate this far out. It remains very close to the only install date I affirmed with them 3 days prior to the contract being signed. We can not give an install date for a construction project this far out. We do not feel the homeowner has been mislead. Covid and supply change shortages have had many negative effects on our industry's time line.
  On 4/8/22 **** called ***** * ******** to discuss their concerns. During conversation, cursing started from the homeowner and **** chose not continue the conversation that day. On 4/11/22 **** attempted to contact again wanting to discuss options, but the customers did not answer or return his call. Later that day, they requested that we forward the contract to their lawyer. They told me they had lost their copy. If the BBB has any lingering questions, please feel free to contact me.

  ********** **** ******

  Customer response

  04/23/2022

   I am rejecting this response because:
  
  
  I said the word **** and the owner hung up the phone. I was frustrated with no resolve. The owner did not try to contact us on 4/11, as we have no phone call from him. We have hired an attorney, which has contacted backyard living. All future correspondence will need to go through ***** **** our attorney. We were told late spring install twice through text messages and when signing the contract or we would not have signed, since the pool we purchased was a return. All we want is an install date, which they will not give us. To us they are pushing to 2023, which to us that is what late summer early fall means. We purchased a in stock pool, that was a return and had an install date...why could they not honor that install date. This company takes your money then doesn't want to install or give you a date.

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