Lemon Law?

[spud126]

We live in Northeast Ohio and have an in ground pool which was installed less than 4 years ago. In this short time we have replaced the following: 1 liner, 1 pool pump, 1 heater, 4 automatic cover pumps, and 1 automatic cover.

Now we have a leak and have discovered the entire perimeter of concrete is not supported with anything! Is there such a thing as a "Lemon Law" for pools?

[USMC_Wifey_1345]

So sorry you are having to deal with this... It truly stinks! I can't find anything about a Pool Lemon law. however, i am sure the company should stand by their work -- especially since there should be some sort of warranty on it. If not, you can try contacting the manufacturer of the parts themselves. Have you looked at the BBB to see if the company that installed has any complaints filed against them? What about contacting your State's Attorney General? When you do this -- which I highly recommend -- cc: it to the pool company.

[USMC_Wifey_1345]

I found THIS

[Pathfinder]

Can you explain the reasons why these things had to be replaced?? Did the dealer replace most of the items under warranty? Im really interested in why the auto cover & the liner had to replaced. Motors on pumps go all the time depending on care. Is your electrical done properly?

Components are separate from the pool. If the structure itself was shifting or caving in then you might be able to do something. Either your components are being installed wrong or its a lack of responsible maintenance by the pool owner.

[spud126]

Can you explain the reasons why these things had to be replaced?? Did the dealer replace most of the items under warranty? Im really interested in why the auto cover & the liner had to replaced. Motors on pumps go all the time depending on care. Is your electrical done properly?

Components are separate from the pool. If the structure itself was shifting or caving in then you might be able to do something. Either your components are being installed wrong or its a lack of responsible maintenance by the pool owner.

The only item which was covered (partially) under warranty was the automatic cover, which ripped.

The pool heater was replaced after two years because the pH level was off which caused the copper heating element to disintegrate. (Our pool was a lovely shade of purple!) It was definitely due to our improper maintenance, since we were only instructed by the pool installer to check our chlorine levels, not pH levels.

The liner was replaced because it ripped (and was permanently stained purple) since it was not originally installed correctly.

The automatic cover motor was replaced each time because it had gotten wet. It is located about 2-3 feet underground in a pit which was not equipped with a proper drain.

The pool pump was replaced because it got wet. It is also located about 3 feet underground in a pit which was also not originally equipped with a proper drain.

I firmly believe all of our problems are because of poor installation/workmanship on the part of the pool company.

The company has since gone out of business (no surprise), but never declared bankruptcy.

I am mad enough to invest more of my own money to sue the original installer, regardless of my chances of recuperating any of the $100,000+ I have already spent on the pool.

The bottom line is ... we have no choice but to get everything fixed, since filling it in is not an option.

[spud126]

I found THIS

THANK YOU !!

[spud126]

Our pump is manufactured in France. DesJoyaux is the name of the company. Unlike other pool systems, our pool has no drain. One problem we have run into is the parts are all metric, so nothing can be replaced by simply going to the nearest Ace hardware.

[Pathfinder]

Equipment installed in am improperly built vault will definitely cause all the pump failures. I have read about the Desjoyaux pool design but have never seen one in person. It explains a lot in your situation. I hope you can get some sort of recourse.

[USMC_Wifey_1345]

It explains a lot in your situation. I hope you can get some sort of recourse.

Write your Attorney General

[jkusmier]

The pump and heater are on you - strictly speaking, the builder is only tasked w/ construction, not education. No offense, but pool care is somewhat complex (until you spend some time to learn it) and you should never rely on what your builder tells you. My builder didn't teach me squat, and I have friends w/ expensive, beautiful pools that rely on their builder for water maintenance and still have all sorts of problems. Read this forum, buy a good test kit and avoid problems (that said, I have some minor rust spots, so I still have alot to learn).

If the liner ripped due to improper installation, that's on the builder. The problems w/ the automatic cover also appear to be on the builder.

Re: the leak: don't have enough information, but evidently you're saying the leak is in the walls. If so, that's on the builder as well.

I'd contact an atty ASAP. You want someone good - preferably experienced in construction law. There's something called the Statute of Limitations, which bars lawsuits after a certain time (varies from state-to-state; the applicable SOL here is the one for contracts). Usually begins to run at the time you experience/notice the problem - so don't sit on your rights. Even though the builder has gone out of business, he SHOULD have been insured (I HOPE you confirmed this before selecting this builder). If so, his insurance policy is still on the hook, regardless of whether or not the builder files for bankruptcy (usually, the suit will be automatically stayed after the builder files his bankruptcy petition, but your atty then files a motion to permit actions to continue against the insurance policies). If he isn't insured, you may be - well, SOL.

[dperry77]

Could you tell me the company? I also live in the area, and we are in the starting stages of looking around.

[merc80]

spud,

I hate to bring even more bad news, but you're probably going to have a tough time finding replacement parts for your Desjoyaux system. To the best of my knowledge, all parts coming into the country pass through a small pool dealer in Illinois. If they don't have it, you're probably going to have a difficult time finding it. The are quite a few installed around here, and I'd guess that about 25% of the people that have them have bypassed the original motor in favor of a normal pool pump installed in the plumbing loop before the heater. If you're already having drainage issues I'd suggest you get a float switch installed if you don't already have one. At least that way your motor should shut off before it gets flooded.