By James Limbach
ConsumerAffairs.com
March 19, 2010
Anthony & Sylvan Pools will pay $180,000 under a settlement resulting from an investigation by the New Jersey Division of Consumer Affairs.
The Ohio-based pool construction company also has agreed to change its business practices, according to Attorney General Paula T. Dow and Acting Director Sharon Joyce announced.
As part of the settlement agreement, Anthony & Sylvan will ensure that all subcontractors it uses in the performance of any home improvement be registered with the Division as required by the Contractors' Registration Act and Contractor Registration Regulations.
The company also agreed to refer all consumer complaints filed with the Division during the next year to binding arbitration, if the company cannot resolve the matter with the consumer. Approximately 40 consumer complaints filed with the Division against the company have been resolved.
ConsumerAffairs.com has heard from some dissatisfied Sylvan customers, too.
Glen of League City, TX, says his less than two-year-old pool leaked and that his ozone producing box was not producing. "I called my pool builder Anthony & Sylvan," he writes. "They proceeded to tell me to get a leak detection company to come out and find the leak. Leak was located and bid was $625. A & S says fix it and if the leak is in the wall, we'll cover it. Once opened the culprit was a pipe not glued properly. WOW. No joy from A&S.; Not covered after 1 year is poor workmanship. Again...WOW."
"We decided to buy our pool from Anthony & Sylvan because of the wonderful promises of quality workmanship," writes Calvin of Bear, DE. "WRONG! We had problems from the beginning. 50/50 they told us -- half built in the fall, and the finish in the early spring. It was August before we passed inspection. It was a horrible experience. Our pool deck had to be dug out and the replacement is inferior. Calling A & S was a joke."
"Our law protecting consumers who hire contractors is clear, those who perform home improvement projects must be registered with the state," Attorney General Dow said. "The contractor hired by a consumer must ensure that any subcontractors who will work on the project are registered."
As part of the settlement, Anthony & Sylvan also agreed to:
• Not require consumers to make final payment on a home improvement contract before the home improvement is completed;
• Continue to include in its home improvement contracts all applicable warranties and/or guarantees;
• Continue to train all company representatives so that all representations made as to products and materials to be used in any home improvement are accurate;
• Include in its home improvement contracts the dates or time period on or within which the work is to begin and be completed; and
• Provide consumers with timely written notice of any reasons beyond its control for any delay in performance of a home improvement contract.
In entering into this settlement, Anthony & Sylvan Pools did not admit any liability under the Consumer Fraud Act, the Contractors' Registration Act and related regulations.
The Division received 56 consumer complaints about pool contractors in 2008 and 30 consumer complaints in 2009.
"As spring nears, consumers are beginning to plan home improvements projects. The Division is a resource that consumers can use to verify whether a contractor is registered and if any actions have been taken against the contractor," said Acting Director Joyce.
As always, the rule of thumb is "consumer beware" when considering a major purchase such as a swimming pool. And, who better than a group of pool salesmen to dispense that advice?
