Legal Question in Consumer Law in Kentucky
I ordered a pool through Blue World Pools Inc. at the end of June 2011. I have made several calls to see when it was going to be installed and have been given the runaround. Now here it is near the end of summer and I still have no pool. I gave them 400.00 and am supposed to give another 600.00 upon installation as the down payment. They say if I cancel the order they can put a lien against my home. Is this true since they are not holding up their end of the deal
2 Answer from Attorneys
That's cute they think they can take your money and not give you a pool.
Certainly review whatever your contract says. There might be something in there about time frame for installation. However, at this point it seems as though they've breached the contract through nonperformance.
At this point, canceling the order isn't going to get your $400 back anyway. If you still want the pool, I'd see if they ever get around to installing it this month, and if they don't, file suit against them in small claims to return your $400. You should also call around and get a consult with a local attorney who could affordably file the suit on your behalf.
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