$7,500.00 non-Pay Breach of Contract with Gainesville, FL Pool Company
Overview: I recently entered into a contract for an above ground pool package with Family, Pool, Spa, Billiard Centers, 4404 NW 13th St, Gainesville, FL. Two days later, I had a situation arise and phoned to request cancellation. I requested 30-60 days relief and committed to return to re-purchase. Family, Pool, Spa, Billiard Centers, rejected my request and is currently holding me to the contract. I weighed my options and moved some money around in order to press on with the contract, product delivery, and pool installation. Regrettably, after earlier being jerked around, disrespected, and blown-off by the staff, I resolved to wait on a call back, which never came. The contract stipulates a 25 percent cancellation fee. After waiting 16 days, I mailed out two written notices to vacate my contract, both certified return receipt. The letter to the store was delivered and signed. On Monday July 8, if Family, Pool, Spa, Billiard Centers, fail to present payment to my credit cards, they will be in non-compliance. Given no communication, I must plan for Family, Pool, Spa, Billiard Centers confiscating 100% of the contract total and force us into the courts for collection; I love to fight so I'm grinding my axe. :-/ Summary of Written Notice of Cancellation (the names were changed to protect the dirt bags): Reference my enclosed Family – Pool, Spa, Billiard – Centers purchase contract. This is a written notice of cancellation of my contract. I direct Family – Pool, Spa, Billiard – Centers to refund a minimum 75 percent of the contract total by close of business, Monday July 8, 2013. Failure to process transactions, which consists of credit refunds in equal amounts, by the date indicated, constitutes a breach of contract. Cancellation is based on zero communication by three Family – Pool, Spa, Billiard – Centers employees from June 15, 2013 to present. Communication timeline: I phoned the Gainesville store to notify the staff of the necessity to cancel my contract. I spoke with Sean who stated he would process my refund and that Brenda would return my call next day. After zero contact for five days, my wife and I visited the Gainesville store. When introducing ourselves to Sean, he arose from his chair behind the counter and walked out the back door without acknowledging us. I spoke with Brenda, our salesperson, that explained she could not call me because the phone lines we’re having problems all week. Three contact numbers (work, home, and cell) were notated on my contract. She stated there was a 25 percent contract cancellation fee and recommended I dispute the charges. I spoke with Gene, Store Manager, who was initially angered that I had raised my voice and reprimanded me. He stated Saturday is not the day to deal with this and that customers are here shopping and buying pools. He proposed I sign a contract for $500.00 to pay a re-stocking fee (which I interpreted as a replacement contract). I okayed a $500.00 reduction from my first contract if the difference was refunded. Gene shook me off and said he would phone on Monday to further discuss my issue. I provided Gene my work number. 15 days have passed with zero contact from Family – Pool, Spa, Billiard – Centers. I attempted to reach out to Gene laterally by phoning Frog Built, Inc. and scheduled a pool install date. I asked Jeff to have Gene please call me. Since our store visit, what I wanted to share with your staff is I had resolved my need to cancel the contract and to continue preparing my pool package for delivery and installation. The only change was crediting $650.00 back to my Discover card to offset the 2’ frame drop. After pool purchase, I made inquiries to Florida State, Levy County, and Williston City Building Permit offices; to include, 811 - One Call Florida, to apply for a dig permit. I was notified by three officials [(to include, Central Florida Electric Cooperative (CFEC)], I was ineligible for a permit and was advised not to file pending disapproval. Don, of the Levy County building permits office, stated he never approved a residential dig permit for above ground pools; citing, “liability issues” and “above ground means just that.” Florida State licensed Pool Installers (i.e., Frog Built Inc.), in accordance with Florida State 556.106 (Liability of Member Operator Excavator and System), is required to phone 811 - One Call Florida two to four days prior of any pool installation and submit a work ticket. On June 28, I phoned 811 - One Call Florida to confirm Frog Built, Inc. placed the call on my behalf. I was notified there was no work ticket in the system. I immediately phoned Frog Built, Inc. and cancelled my July 2 installation with Jeff, and terminated them as the pool installer. At the time of pool purchase, Brenda provided zero consumer information on barrier laws, zoning, Homeowner liability and any associated risks of doing frame drops. As well, she did not provide the Frog Built, Inc., website which lists the information. I paid $650.00 for a 2’ frame drop without being afforded the opportunity to secure prerequisite Florida State and Levy County legal information on residential dig permits. In conclusion, I learned that Family – Pool, Spa, Billiard – Centers has charged me $4,950.00 for the identical above ground pool selling on Pool Supply Websites for $1,688.00 (a $3,262.00 price retail markup.) The opportunity to repair my contract and conduct business with Family – Pool, Spa, Billiard – Centers is expired. More talking points; 1) When lawyer shopping I stumbled on and spoke with two law firms that were currently representing Family – Pool, Spa, Billiard – Centers. 2) A husband & wife deck construction team that I hired shared with me at least the last 10+ customers they built decks for and that purchased from “Family – Pool, Spa, Billiard – Centers” and with installations by Frog Built, Inc. ALL had leaks, rips in the liners, non-English speaking crews, surprise charges for base leveling, and some had pending lawsuits. Hope this review was helpful and objective information Pissedconsumer.com consumers can use. Please pass on the word on the business dealings of this pool company.
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