Pool company accused of not completing work sued by NC attorney general

RALEIGH, N.C. (WNCN) — North Carolina Attorney General Jeff Jackson took legal action Wednesday against a pool and spa sales and installation company accused of not completing work after taking large advance payments, his office said.

According to the Office of the North Carolina Attorney General, the complaint was filed against Backyard Leisure, LLC and its owner, Robert A. Mosher.

The North Carolina Department of Justice has received 53 complaints about the company since 2024, 21 of which remain unresolved as of the lawsuit, according to the attorney general’s office.

In October 2023, according to the attorney general’s office, a 71-year-old Stanfield homeowner paid the full price of $42,349 for a swim spa from Backyard Leisure. The company said the spa would be delivered in nine months, but has not done so as of the lawsuit. The homeowner also only received $100 when she asked for a full refund.

The attorney general’s office also said Backyard Leisure received $73,325 last September from a 60-year-old homeowner in Clayton for an inground pool. Although the company said the pool installation would be completed by February, only the fiberglass shell was installed and filled with water. Equipment needed to make the pool usable, such as the pump, ladders, and filters, was not installed and electrical work was not performed.

As of the lawsuit, according to the attorney general’s office, the pool remains unfinished and unusable.

The lawsuit alleges that Mosher and Backyard Leisure:

• Collected full payments in advance, but failed to deliver swim spas and hot tubs and failed to install pool equipment
• Did not pay subcontractors or the spa, hot tub, and pool equipment manufacturers
• Lied to customers about the expected deliver and installation dates, as well as blaming the manufacturer for the delays
• Subjected customers to an unfair arbitration clause after they signed a contract
• Never refunded customers after promising to do so

Jackson’s office said he is seeking $520,000 in restitution for the affected customers.

“These customers saved up years of money to make a substantial investment in their homes and now they’re out tens of thousands of dollars with nothing to show for it,” Jackson said in a statement. “I’m taking this company to court because it lied to North Carolinians. We’re going to try to win their money back.”