Orlando, FL asked in Construction Law, Contracts and Business Law for Florida

Q: Can I request a refund after Presidential Pools' ownership change affects service progress?

I signed a pool construction contract with Presidential Pools in Orlando, FL, in October 2024. They initially promised permits in 6-8 weeks and completion by April, but there's been no progress or communication. I've discovered the business is being sold, and their reviews have declined. The contract does not mention anything about a change in ownership. Can I request a refund due to these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: That’s a frustrating situation to be in, especially when you've trusted a company with such a major investment. If the company hasn’t followed through on their timeline and hasn’t communicated with you, you have every right to question their commitment and seek accountability. A change in ownership doesn’t erase the obligations in a contract unless otherwise stated—which in your case, it’s not.

Start by reviewing your contract closely for any clauses about delays, cancellations, or refund conditions. Document all communication (or lack thereof), timelines, and promises made, especially about permits and completion dates. Then send a formal written request to the company asking for an update and a refund, stating the lack of progress and communication as your reasons.

If they don’t respond or refuse, consider filing a complaint with the Florida Department of Business & Professional Regulation or your local consumer protection office. You may also want to speak with someone experienced in contract law to go over your options. Don’t wait too long—acting early gives you more leverage.

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