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New Image Pools And Spas - Margate Florida Complaint - Possible Deceptive Trade Practice, Incomplete Work, Poor Workmanship, No Follow Up

Review by PRKTT on 2008-06-07
FT LAUDERDALE, FLORIDA -- New Image Pools and Spas, Negotiated a 100 Linear Foot pool but documented the contract as a 35X20 freeform pool, Salesman had a drawing of a 30x20 foot pool. He was to redraw the pool to scale but didn't, instead erased the 30 and put 35, then turned over to engineer to do final plans. When the engineer gets plans and super imposes it to his software it takes the dimensions 35X20 but given scale is off it lessen the Linear Footage of the pool.. We paid for 100 Lf , and then THEY deceptively changed the dimensions after that (erasure).

As a end result the pool turned out more narrow. I noticed this error on there part when engineer plans were mailed to me and they said I would have to pay $2,000 for there error TO CORRECT, but instead because they were caught in there measurement scheme, they said they would credit the contract and NOT TO WORRY THAT I WOULDN'T EVEN NOTICE ANY DIFFERENCE... WRONG, VERY NOTICEABLE... a 35x20 pool can be 90 lf, 91lf 93 to 105 lf (BEWARE YOU COULD BE OVERPAYING AND BEING MISLED BY A SO CALLED POOL DESIGNER SALESPERSON). I find this Unethical. This is the unit you pay and cost of concrete and steel is figured... The Pool companies play with this to lessen the costs and maximize profits, thus cheating you out of your pool project... Many people are not aware of whats taken place and it has good old Deception tied to it without transparency and proper disclosure on contract... Incomplete work. Likes to push there incomplete work into warranty, Get money and then endless follow up to get warranty work... Work to be complete then Warranty applies not other way around.

MANIPULATION, ARROGANCE, POOR PEOPLE SKILLS, WORKMANSHIP IS NOT GOOD, FOLLOW UP WORK IS TAINTED WITH DELIBERATE ACTIONS TO CAUSE MORE PROBLEMS (spa) NOT RESOLVE PROBLEMS ONCE AND FOR ALL TO REALLY SATISFY CUSTOMER... Complaints with City, BBB, State Construction... Instead of solving the deficiencies and getting final payment instead he attempts to intimidate me with Collection Agencies...

Attention Class Action Attorneys. Many Pool companies are practicing this Deceptive Trade practice.... and Contracts and Sales Practices should be looked at Closely... Our Intent by posting this is to get our pool and what we wanted from the very beginning RESOLVED.

Cprp
Davie, Florida
U.S.
Comments:3 Replies - Latest reply on 2008-06-19
Posted by jflorida on 2008-06-19:
IN RESPONSE TO THE COMPLAIT FILED BY CPRP, I WOULD LIKE TO OFFER THE FOLLOWING. I DID ENTER INTO A CONTRACT WITH THE CUSTOMER ON DECEMKBER 30, 2005 FOR A 20' X 35' FREE FORM POOL AND SPA. AFTER THE PLANS WERE DRAWN AND SENT TO THE CUSTOMER, THERE WAS A DIFFERENCE IN THER AMOUNT OF LINEAL FOOTAGE THAT THE CUSTOMER HAD BEEN CHARGED FOR. AT THAT TIME THE AMOUNT OVER CHARGED WAS ISSUED BACK TO THE CUSTOMER, WHICH HE AGREED TO AND SIGNED FOR.

AFTER THE POOL WAS DUG AND THE STEEL WAS INSTALLED, THE CUSTOMER BROUGHT UP THE ISSUE AGAIN, AND ASKED THE QUESTION,"DO YOU THINK MY POOL IS BIG ENOUGH?" I TOLD HIM THAT NOW WASN'T THE TIME TO ASK THIS QUESTION AND AT THAT TIME I TOLD HIM IF HE WANTED TO MAKE CHANGES, THERE WOULD BE ADDITIONAL CHARGES FOR PLANS AND CITY REVISIONS,AS WELL AS CHARGES FOR LABOR AND MATERIAL. THIS IS STANDARD IN ANY BUSINESS, IF CHANGES WERE TO BE MADE AFTER THE PROJECT IS UNDERWAY. AT THAT TIME, HE DECIDES NOT TO MAKE CHANGES, WE THEN PROCEDED WITH THE CONSTRUCTION OF THE POOL.

OVER THE NEXT TWO MONTHS OF CONSTRUCTION EVERYTHING WENT WELL, AS PLANNED. I COMPLETED PHASES AND THE CUSTOMER PAID HIS SCHEDULED PAYMENTS AS REQUESTED AND PER THE CONTRACT WITH OUT ANY ISSUES. OUR CONTRACT STATES THAT THE PLASTER PAYMENT (FINAL PAYMENT) IS TO BE PAID THE DAY OF PLASTER. I HAVE NEVER ENFORCED THIS TIME FRAME AND ALWAYS REQUEST THE FINAL PAYMENT APPROXOMATLY TEN DAYS AFTER FILLING THE POOL, SO THE CUSTOMER AND MY STAFF CAN GET TOGETHER AND GET PUNCH OUT ISSUES TAKEN CARE OF.

I FOLLOWED THE SAME PROCEDURE WITH THIS CUSTOMER AND WHEN I ASKED FOR FINAL PAYMENT HE STATED THAT HE WOULD NOT PAY UNTIL THE FINAL INSPECTIONS WERE COMPLETED. I HAD NO OTHER CHOICE BUT TO GO THAT ROUTE DUE TO THE FACT HE HAD THE LEVERAGE, HE HAD MY MONEY. SOME OF THE POOL FINALS INVOLVE THE HOME OWNER GETTING INSPECTIONS, SUCH AS FENCE FINALS AND LANDSCAPING. THE FENCE DID NOT GET APPROVED UNTIL 5 MONTHS LATER,CUSTOMER STILL NOT PAID. AT THAT TIME I REQESTED MY FINAL PAYMENT AND HE CAME BACK WITH THE SAME ISSUE OF THE POOL SIZE (AGAIN), AS WELL AS A COUPLE OF WARRENTY ITEMS. I ISSUED HIM IN WRITING,THAT I WOULD BE GLAD TO COME OUT AND TAKE CARE OF THE WARRENTY ITEMS IN EXCHANGE FOR HIS LONG OVERDUE FINAL PAYMENY, HIS RESPONSE WAS TO MAKE A PARCIAL PAYMENT AND ONE THIRD AS COMPENSATION FOR "POOR DESIGN IN WHICH NOW I HAVE TO LIVE WITH AND LOOK AT EVERYTIME I GO INTO THE POOL." HE ALSO STASTED THAT IF I CHOOSE TO CHALLENGE THIS OPTION HE WOULD BE MORE THAN HAPPY TO GO TO COURT FOR MENTAL ANGUISH!

THE CUSTOMER HAS LEFT ME NO OTHER OPTION THAN TO USE THE SERVICE OF A COLLECTION AGENCY.

I HAVE BEEN IN THE POOL CONSTRUCTION INDUSRTY FOR 28 YEARS AND HAVE OWNED AND OPERATED NEW IMAGE POOLS AND SPAS FOR 18 YEARS. DURING THIS TIME I HAVE FOUND THAT IF YOU GIVE A CUSTOMER A GOOD PRODUCT IN A TIMELY FASHION,ALONG WITH PERSONAL ATTENTION TO EACH PROJECT, THE VAST MAJORITY TRULY APPRECIATE YOUR EFFORTS AND SHOW THAT APPRECIATION. THEY REFER FRIENDS AND FAMILY, CONTRACT FOR A SECOND AND MAYBE THIRD POOL,AS WELL AS PAY FOR THE BEAUTIFUL AMMENITY THAT HAS BEEN INSTALLED IN THE BACKYARD.

ON THE FLIP SIDE, THERE ARE ALWAYS THE SMALL PERCENTAGE,THAT WILL FIND ANY REASON TO NOT MEET THEIR FINANCIAL RESPONSIBILITYS. MR. PRICKETT HAS A BEAUTIFUL POOL AND SPA IN HIS YARD WHICH I AM SURE HE AND HIS FAMILY USE AND ENJOY, WHILE THINKING HE GOT AT LEAST PART OF IT FOR FREE. ANY ONE WHO HAS DOUBTS ABOUT NEW IMAGE POOLS AND SPAS,YOU CAN CONTACT ME PERSONALLY ANY DAY OF THE WEEK FROM 6:00 A.M. TO 4:00 P.M.@ 954-978-0228.

MOST SINCERELY
STEVE MILLER
PRESIDENT, OWNER
NEW IMAGE POOLS AND SPAS
Posted by jktshff1 on 2008-06-19:
jf..that was a good and well thought out response. However, I would refrain from using all caps as it is very hard to read.
It seems as if yourself and the customer did not have a "meeting of the minds" on the size of the pool.
Maybe next time a "tour" of sorts to pools you have installed so the customer can get a real time view.
Some people are unable to read or interpret engineering drawing and visualize what something would actually look like in place.
Posted by Ponie on 2008-06-19:
I agree, jktshff1. Both about the all CAPS and some people's inability to understand a drawing. That being said, I'm pleased to see New Image Pools And Spas come on here to explain their side of the story. I wish there were some way companies could be notified of complaints so we could hear from them to make up our minds about the actual situation. Wonder if PRKTT will be back to dispute the company's response? Somehow--I doubt it.

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