Couple claims pool company forced them into bad contract

By Matt Russell | Jul 17, 2014

LOGAN -- A Davin couple are suing after discovering the swimming pool manufacturer they contracted with allegedly defrauded them.

Roy Lamb and Rosemary Lamb filed suit June 23 in Logan Circuit Court against Blue Water Pools Inc.

According to the complaint, in July 2011 the plaintiffs attempted to purchase a $399 swimming pool from the defendant. The owner of the defendant company visited the couple's home in Davin and pressured them to purchase a more expensive pool, stating it would be cheaper if they allowed him to show their pool as an example of the company's work, the suit states.

After agreeing to the more expensive model, the plaintiffs began to pay off the purchase when they discovered several unfair terms in the contract that were not previously disclosed by the defendant including a "collection visit" fee and the ability for the defendant to put a lien on the plaintiffs' home if they didn't pay in a timely manner, the suit states.

The defendant is accused of unconscionable contract.

The Lambs are seeking a civil penalty of $4,725, plus fees and costs.

They are being represented by Clarksburg attorney Colton L. Fleu and Charleston attorney Daniel F. Hedges.

Logan Circuit Court Case No. 14-C-169-OB

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