ComplaintsforLake Geneva Pool and Spas LLC

• Initial Complaint

  03/26/2024

  Complaint Type:

  Product Issues

  Status:

  Unresolved

  More info

  I engaged Lake Geneva Pool and Spas for a pool project on September 7, 2022. Despite their initial friendliness, the experience quickly soured. The contract, signed on 9/7/2022, outlined some potential extra costs, including cutting trees (anticipated $2-3K) and additional expenses for potential challenges like the old pool debris ($5K) and crane rental ($2,000), which I was absolutely fine with and understood.As a result of these representations, I paid a down payment of $54,004.17, inclusive of an extra $2,500 for permit assistance. However, as the project progressed, costs escalated significantly. The company failed to mention a necessary drainage system, initially quoting it as an extra $3,000, then later revising it to $14,000, and eventually disclosing a municipal requirement costing at least $35,000. Despite the contractual agreement for permit assistance, they shifted the responsibility onto me, blaming me for not getting the permits ahead of time despite the fact that I had agreed to pay them additional amounts for them to check on and secure the permits prior to incurring any of the costs. I decided to cancel the project. The company despite their contractual commitment to a significant refund of the down payment upon cancellation, they dragged their feet and then offered barely more than half, and that return of the money was conditioned on them being able to resell a giant pool shell that they had ordered before they even investigated the permits or the feasibility of the project. Moreover, they withheld crucial information about the drainage system, leaving me underinformed and stuck holding the bag on a significant financial investment.During cancellation, they have continued to hold my $54K interest-free for over a year, citing a two-year booking schedule. Notably, they encouraged me to *** the municipality, and told me it was ultimately my problem and there was nothing they could do.

  Business response

  04/03/2024

  It is unfortunate that ***** has made these claims against us on a public platform in what we
  feel is an attempt to blackmail and strong arm us into giving a full refund by her and her
  lawyer. We appreciate the BBB giving us an opportunity to share our side of the story.

  
  ***** signed a contract with us and had done so in a very ***** manner in order to get put
  down on our schedule. We made several requests to ***** to supply us proper information on
  her property as we do with all of our customers. These requests were made before and after the
  contract was signed. Customers that fail to provide accurate information run the risk of
  situations similar to what ***** is facing. There are many avenues to prevent a situation such
  as this but ***** did not want to take any of those avenues as she only wanted a pool as soon
  as possible, no matter what.

  
  As a company we have put a lot of time, money and resources to the pre-stages of her pool
  project and install. We have made attempts to work with ***** on getting her a refund but she
  has been unwilling to compromise other than her receiving a full refund. We feel it is fair to be
  compensated for all of the resources we have used thus far. We will not be holding the bag for
  what we feel is buyers remorse.

  
  The drainage system that ***** has mentioned was a request made by her municipality in
  order to move forward with her pool project which was discovered during the permitting
  process. This is an unusual and unique request and there is no way we could have predicted
  this as a pool company especially not having the proper information that was requested from
  *****.

  
  ***** has also mentioned in her complaint that we raised prices on her. This is simply not true
  and she is referring to estimates from other companies that were willing to install the drainage
  system that her municipality requested. These estimates were between her and a different
  company that we are not associated with or were making any financial gain from. We do not
  appreciate these false claims in an attempt to make us look bad. We understand there are a lot
  of companies out there that have terrible moral and ethics when running their company, we are
  not one of them. ***** is free to have a refund that is fair for both parties.

  Customer response

  04/09/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  I am disheartened that Lake Geneva Pool and Spa would once again respond in this manner, but I am glad that others will get the opportunity to see how they conduct themselves.  This response shows how they will immediately place blame on anyone but themselves, and the idea that I am "blackmailing" them because I am seeking a refund of my money just further shows the depths to which they will sink in an attempt to mislead potential customers, and to continue to attack me for falling victim to their practices. 
  
  They claim they "never raised their prices."  This is semantics.  They told me the price it would take to have a pool installed, and I signed a contract based on their representations.  It doesn't matter that another company would "profit" based on the increased amount, the amount I would have to pay to get what I signed a contract for skyrocketed. This is a perfect example of the kind of bait and switch tactics that they have used against me this entire process. 
  They also claim I "failed to provide them information" yet remain silent as to what that would be.  That speaks volumes, because I provided everything they requested, and even paid extra for them to assist in the permitting process. Yet somehow this is once again my fault that I'm out $50,000 and don't have a pool. 
  They also claim the drainage system was "unique" and "unpredictable." I have spoken to engineers, city planners, and the very permitting office that Lake Geneva Pool and Spa told me to **** and every single one of them says any experienced installer knows full well of this is**** and its omission from the contract is telling, either that Lake Geneva Pool and Spa does not have the expertise to do what they claim, or that they are seeking to promise a low price to entice customers, only to blame them as they have blamed me when the problem inevitably arises. 
  
  Yes, I have had to hire an attorney.  I have had to incur significant legal fees for that Attorney to attempt to resolve this matter. That is more money that Lake Geneva Pool and Spa's actions have caused me to lose, and has only compounded upon the nightmare that this has become.  And, despite my attorneys numerous attempts at outreach and to resolve this matter amicably, and in direct contradiction to what they claim here, Lake Geneva Pool & Spa has not been willing to offer a fair refund. They "claim" they will is*** a refund that is fair to both parties, but what they so strategically leave out in their response is that refund include them keeping $20,000 for not doing any work whatsoever, other than misleading me as to the feasibility of the project and then telling me to *** the municipality to get the permits that they took money from me to assist in obtaining. Plus, their "fair refund" is to be is***d if and only if they are able to resell the pool shell they prematurely ordered, despite the fact that after numerous attempts to contact them they have utterly refused to provide even an estimate as to how long that would take, or if it will even occur.  Their own contract explicitly states that I am entitled to a refund minus a $2,000 restocking fee for that pool shell and $860.65 or 10% for the pavers, entitling me to a refund amount of $51,143.52, something they have never denied, and instead they have only offered a contingent refund on "recovering their losses" of $34,000, and even that is not guaranteed, nor have they provided any timeline for when that might occur. 
  
  I have made numerous attempts to ask them why they think they are entitled to continue to hold over $50,000 of my money, interest free, without any attempt to act in good faith, and they have simply told me to *** the municipality, or to take their offer or leave it.  I have made numerous attempts to inquire as to why they think they're entitled to a $20,000 windfall despite not doing any work, and they have told me to take their offer and leave it. But now, they are claiming that I am unwilling to cooperate, and that this is once again my fault. 
  
  I am quite happy that the public and the Better Business Bureau are now being given the opportunity to see how they conduct themselves.  They claim to be an ethical company, while they continue to lie about their position, gaslight the public, and attack me for simply trying to get my money back.  They claim I am "blackmailing" them because I was unwilling to allow them to turn a $20,000 profit simply for sending me emails and then blaming me for not understanding the permitting process, something I had explicitly paid them for their expertise and assistance in order to obtain.  
  
  A company with good morals and ethics does not simply claim they have them. Any company can claim they conduct themselves ethically, as proven here.  The funny thing about that is an ethical company doesn't just claim they're ethical, they actually act with ethics. An ethical company actually acts with ethics, an ethical company doesn't blame their customer when they mess up, and an ethical company doesn't accuse their client of "blackmailing" them when they refuse to roll over and let that company take their money without reason or explanation.
  
  Ethical companies don't just claim to be ethical, they actually act ethically. The actions of Lake Geneva Pool and Spa speak far louder than their words. 
  
  Regards,
  
  *********************

  Business response

  04/12/2024

  *************** is more than welcome to continue with her contract as she signed. No costs were
  added onto her pool project by our company. We feel she should honor her contract. If Mrs. ********* does not want to honor her contract, she will need to find a reasonable and fair solution
  for both parties. We have only been informed that she wants all of her money back and as of
  recently, she would like us to pay her interest and her legal fees.
  Please note: we have not once told *************** to *** her municipality.

  Customer response

  04/22/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

  This is just a continuation of the same tactics by Lake Geneva Pool and Spa. They keep saying they are "willing to provide a fair refund" but have never actually offered to return my money.  They claim I can "continue with my contract" which is again just gamesmanship and obviously not what I'm asking for. I was provided a quote for how much installation of a pool would cost, that number has skyrocketed, so I don't want to proceed with the project (not to mention I cannot trust a company that conducts themselves like this to do anything, let alone something as major as a pool installation), and am seeking to terminate the project as are my rights under the very contract I signed. 

  And they did tell me to *** the municipality. I am not interested in engaging in these ***** games with them any longer, but I was told directly by their representative ***** that I should contact lawyers and *** the municipality. This is much like when they accused me of "blackmail" because I want them to return my money, and shows the kind of business they are. 

  A "reasonable and fair solution" would be for Lake Geneva Pool and Spa to honor the termination provision of their contract, and to refund me the $51,143.52 of my down payment I am entitled to, minus their $2,000 "restocking fee" as well as 10% for the additional pavers they ordered.  They have never contested that this is what their own Contract entitles me to, and instead have simply offered me $34,000 "only if they can resell the pool shell" and have provided absolutely zero update or timeline as to when or if that might even occur. Instead they are simply insisting this is a "take it or leave it" offer and pretending like it's my job to come up with a solution. 

  And the $51,143.52 would have been a reasonable solution when this first became an is***. Instead they have had zero communication, will not provide any updates, and have not provided me with any explanation as to why I should have to lose $20,000 because they don't know what they're doing, and don't want to honor the provisions of their own contract. Given the way they've conducted themselves, and how miserable they have made this process, I think any Court would be well inclined to award me attorneys fees and interest, since they have refused to do the right thing and just return the money owed to me under my own contract. 

  I am tired of pretending that they are going to be responsible, which is why I filed the complaint in the first place.  With that said, they have become such a headache and I am so tired of having to pay legal fees just to get them to honor their own contract. So, my "fair and reasonable solution," which apparently for some reason I have to provide, is for them to return $48,000 of my $54,000 down payment.  This allows them to keep well more in excess of the amount they are even entitled to, and I don't understand why I should have to part with more of my own money because they will not honor their own contract, but that is my proposed "reasonable and fair solution." 

  Regards,
  
  *********************

  Business response

  05/01/2024

  We would like for ***** to continue with her contract as she signed and commited to. We would like to reiterate that we have not raised the prices on *****. If *************** could please provide proof to the BBB as to where Lake Geneva Pool and Spa has requested more money from *****.

  Customer response

  05/02/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  I've explained this numerous times, and their continued attempts at gamesmanship show how unethical they are. 
  
  I wanted a pool. I signed a contract for a pool, and was given an estimate for how much it would cost. Suddenly, due to "unforeseen circumstances" that apparently anyone who builds pools would be aware of, I would now need to make a significant additional payment to complete the project. It does not matter to me who receives that money, I paid Lake Geneva Pool and Spa a certain amount with the understanding that they would then give me a pool in exchange for that amount.  Now, the price of the pool and project has skyrocketed, and I am requesting termination of the project, which is provided for in their own contract. 
  
  I gave them a substantial deposit for a down payment because they told me they would assist and take care of permitting, only for them to come back and tell me I would have to pay for an expensive drainage system and they could not provide me with any final quote for how much the project would ultimately cost.  They then asked me for a reasonable solution to the fact that the project has skyrocketed in price due to necessary drainage systems etc. (regardless of who is getting paid for them), and as a result I asked to cancel the project with the termination provisions in their own contract, and for them to refund me the $51,143.52 of my down payment I am entitled to, minus their $2,000 "restocking fee" as well as 10% for the additional pavers they ordered. 
  
  That's what the contract provides for, and that's all I'm asking for.  The price of the project skyrocketed, and I do not wish to continue with it due to the lack of transparency and unprofessionalism of Lake Geneva Pool and Spa.  
  
  If Lake Geneva Pool and Spa has truly not "raised the price" then I will happily pay the amount agreed to in the Contract and not a ***** more and expect the pool to be completed with all necessary systems and in accordance with the required permits and up to code as per the original agreement. That is more than acceptable to me, but it is a lie by Lake Geneva Pool and Spa to continue to shift the blame. That won't happen, because it can't happen. They know that, and are once again trying to play games to avoid their responsibility. They are not dealing in good faith, and are simply trying to push the burden back on to me to excuse their own incompetence.  
  
  I am no longer interested in these games, which is why I am filing this Complaint with the Better Business Bureau.  
  
  Furthermore, if Lake Geneva Pool and Spa does not accept my offer to return $48,000 of my $54,000 within 30 Calendar days, then I will authorize my attorney to proceed with the litigation to get the full amount I am entitled to, including any necessary legal fees and interest. 
  
  Regards,
  
  *********************

  Business response

  05/09/2024

  We are happy to hear that ***** would like to move forward with her contract as she signed. As we have stated before, we have never raised any price on her so this is not an issue for us. 

  Customer response

  05/10/2024

  I am sorry about the confusion. I want my down payment back. I asked Lake Geneva Pool and Spas to terminate my contract because I lost trust in them due to escalating costs and absolutely no assurance about estimated final expenses, as described in details in my previous correspondence. I am entitled to a refund as per contractual agreement ($54K down payment minus $2000 restocking fee) and they failed to return my money for over a year now. 

  Customer response

  05/14/2024

  I am sorry about the confusion. I want my down payment back. I asked Lake Geneva Pool and Spas to terminate my contract because I lost trust in them due to escalating costs and absolutely no assurance about estimated final expenses, as described in details in my previous correspondence. I am entitled to a refund as per contractual agreement ($54K down payment minus $2000 restocking fee) and they failed to return my money for over a year now. 

  The BBB emailed the consumer and they do not want to continue with the contract.  They want the refund stated above. 

  Correct.

  Thank you.

   

  Sent from my iPhone

  
  
  

  On May 13, 2024, at 11:43 AM, ******************************************** wrote:

  Good Morning, 

   

                    Just to confirm you want your down payment back and you do not want to continue with the contract correct?

   

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

  Better Business Bureau of *********
  *******************************************

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

  Direct: ************

  Business response

  05/21/2024

  ***** has claimed she distrusts us due to raising prices. As we have stated several times now, we have never raised the price on *****. We would like ***** to honor the contract that she signed. 

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